Civil Revision No. 6475 of 2008 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Revision No. 6475 of 2008 Date of Decision: 25.11.2008 Sandip Kumar …Petitioner Versus Jeewan Asha and Others ... Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Ashish Gupta, Advocate for the petitioner. Kanwaljit Singh Ahluwalia, J. (Oral) Learned counsel for the petitioner states that in view of the categoric finding recorded by the two Courts below that the premises are required for settlement of son Sunil Kumar of the landlady, who is earlier working as an employee with M/s Veer General Store, Sarafan Bazaar, Faridkot, he will not be in a position to assail the finding of personal necessity recorded by the two Courts below. Learned counsel further submits that he may be permitted to make an alternative prayer before this Court that a sufficient time be granted to the petitioner to make alternative arrangement. Learned counsel further states that in case his alternative prayer is accepted, he will not pursue the present revision petition and the same may be dismissed as withdrawn. Civil Revision No. 6475 of 2008 2 In the present case, landlady has three sons, namely Sunil Kumar, Sanjiv Kumar and Manish Kumar. Landlady has also three shops. In one shop, Manish Kumar is carrying out his business of General Store, whereas Sanjiv Kumar is running a business under the name & style of Sanjiv General Store. Third shop of landlady, as stated in the eviction petition, is required for settlement of her third son Sunil Kumar, who was earlier employed in the shop M/s Veer General Store, Sarafan Bazaar, Faridkot. Two Courts below, after taking into consideration the evidence of the employer of Sunil Kumar, came to conclusion that shop is required for the personal necessity of the landlady as she has to settle her third son. The alternative argument that there is one garage and open vacant space that can be utilized was rejected by two Courts below. In this context, statement made by learned counsel for the petitioner that he will not pursue the present revision petition and only confine to the alternative prayer seem justified. Accordingly, taking overall view, the tenant can be granted nine months' time subject to his filing an undertaking that he shall hand over the peaceful vacant possession to the landlady within nine months commencing from 1.1.2009. The undertaking shall also contain a condition that arrears of rent shall be paid on or before 1.1.2009. It shall also be included in the undertaking that the rent for each following month shall be paid or tendered as use and occupation charges on or before 7th of each following month. In case, such an undertaking is filed before learned Rent Controller on or before 1.1.2009, the tenant shall be allowed to remain in the premises for a period of nine months Civil Revision No. 6475 of 2008 3 commencing from 1.1.2009. As prayed, the present revision petition is dismissed as withdrawn. (Kanwaljit Singh Ahluwalia) Judge November 25, 2008 “DK”