Civil Revision No. 4564 of 2010 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Revision No. 4564 of 2010 Date of Decision: 26.7.2010 Siri Ram …Petitioner Versus Harbans Singh and Another …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Ms. Saloni Shama, Advocate for the petitioner. Kanwaljit Singh Ahluwalia, J. (Oral) Harbans Singh and Jagmohan Singh, brothers, after the death of their father Avtar Singh, instituted a petition for ejectment of petitioner/tenant Siri Ram, who was running a tailoring shop in the demised premises, as described therein. The demised shop was rented out to the petitioner/tenant at the rate of Rs.50/- per month. In the ejectment petition, two grounds were pleaded for ejectment of the tenant. Firstly, the tenant was in arrears of rent and secondly the demised shop is required for personal necessity i.e. for running the business of Atta Chakki. The ground for non payment of rent has been decided against the respondents/landlord as the arrears of rent were paid in the Court. However, both the Courts below gave a concurrent finding that after retirement, Jagmohan Singh intended to start a business of Atta Chakki. Civil Revision No. 4564 of 2010 2 It has also come in the evidence that the father of Jagmohan Singh was also running a Atta Chakki and he has a sufficient experience to run the said business. Learned counsel for the petitioner has assailed the concurrent finding, recorded by both the Courts below, on the ground that Jagmohan Singh, respondent No.2/landlord is now 66 years of age, therefore, he has no skill, expertise and energy to run the business of Atta Chakki. It is for the landlord to decide as to how he will seek or engage help or employ a person to run the said business. The old age in itself, is no ground to deny the personal necessity of the landlord for which sufficient evidence was led and was the subject matter before both the Courts below. Learned counsel for the petitioner/tenant has further referred to the testimony of RW.1 Siri Ram, tenant, who stated in his cross examination that Avtar Singh, father of the respondents/landlord, had owned property bearing Nos. 1198 and 1200 and the same were sold by him during his life time. The Sale of property by the father of the present respondents, in his life time, cannot eclipse their rights, which accrued to them after the death of their father. Hence, there is no merit in the present revision petition and the same is hereby dismissed, in limine. However, a period of two months is granted to the petitioner/tenant to hand over the actual physical vacant possession of the demised shop to the respondent/landlords, subject to his furnishing an undertaking before the Court of Rent Controller, Ambala Cantt. The Civil Revision No. 4564 of 2010 3 undertaking will also state that the rent due for following months shall be paid on or before 7th of each month. The entire arrears of rent, if any, shall be deposited in the Court of Rent Controller, Ambala Cantt. The undertaking and the arrears be deposited in the Court of Rent Controller, Ambala Cantt., within 15 days of the date of receipt of a certified copy of this order. (Kanwaljit Singh Ahluwalia) Judge July 26, 2010 “DK”