IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No.3505 of 2011 (O&M) Date of decision: 1st September, 2011 Bhupinder Singh … Appellant Versus N.K.S. Brar and others … Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Shubhjot Singh Chadha, Advocate for the appellant. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Civil Misc. No.9849-C of 2011 For the reasons stated in the application, the same is allowed and delay of 275 days in re-filing the appeal is condoned. Regular Second Appeal No. 3505 of 2011 Present appeal has been filed by the tenant, whose eviction has been ordered by both the courts below. In the present case, the suit was filed before the East Punjab Urban Rent Restriction Act, 1949 became applicable qua the building in which the appellant is a tenant. Mr. Shubhjot Singh Chadha, Advocate appearing on behalf of the appellant-defendant-tenant, has very fairly stated that he is conscious of the fact that the parameters which warrant interference in a regular second appeal against concurrent findings are very limited. Regular Second Appeal No.3505 of 2011 (O&M) Therefore, he has urged that to have an amicable resolution of the dispute, he will not persist with the present appeal and would withdraw the same provided a sufficient time is granted to the appellant-tenant to find out an alternative site as he is carrying on a business of Photographer and is having a regular clientage. I find merit in the alternative submission made by counsel for the appellant. Hence, eight months’ time commencing from 1st October, 2011 is granted to the appellant-defendant-tenant to vacate and hand over the actual physical possession of the demised premises to the respondents, subject to the condition that on or before October 01, 2011 he shall furnish an undertaking before the trial Court to that effect. The undertaking shall also contain a condition that the entire arrears of rent shall be paid to the landlord by October 01, 2011, and thereafter, use and occupation charges along with the damages and mesne profits, if any, for each month shall be deposited or paid in the trial Court on or before 7th day of each following month. As prayed, present appeal stands dismissed as withdrawn with the concession aforesaid. [KANWALJIT SINGH AHLUWALIA] JUDGE September 1, 2011 rps 2