IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.133 of 2011 (O&M) Date of decision: 9.9.2011 Fair Deal Tent House ......Petitioner(s) Versus Harpreet Singh and others ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. Kanwaljit Singh, Sr. Advocate with Mr. Puneet Kumar Bansal, Advocate for the petitioner. Ms. Ekta Thakur, advocate for the respondents. Rakesh Kumar Garg, J.(Oral) This is tenant's revision petition challenging the impugned order dated 26.2.2010 of the Rent Controller, Chandigarh whereby eviction of the petitioner was ordered from the demises premises on the ground of personal necessity of the respondent-landlord and further the judgment dated 18.10.2010 whereby his appeal against the aforesaid order of eviction was dismissed by the Appellate Authority. During the course of hearing, learned counsel appearing on behalf of the petitioner, on instructions from Sh. Parvinder Singh, who is present in Court, stated that the petitioner shall hand over the vacant possession of the demised premises to the respondent-landlord in case he is given sufficient time to shift. Ms. Ekta Thakur, learned counsel appearing on behalf of the respondent-landlord/caveator has submitted before this Court that the respondent-landlord has no objection to the prayer made if the petitioner is granted reasonable time as considered by this Court, to hand over the CR No.133 of 2011 (O&M) -2- vacant possession to the respondent-landlord subject to the condition of his making payment of arrears of rent and further that he shall keep on paying the rent in advance till the date of eviction and also that he shall file an undertaking that the petitioner will hand over the vacant possession of the demised premises to the respondent-landlord on expiry of the time granted by this Court. The aforesaid conditions are acceptable to the petitioner and on the consensus of the parties, the tenant-petitioner is granted time upto 15.9.2013 to hand over the vacant possession to the respondent-landlord. At this stage, statement of the petitioner is recorded separately. Keeping in view the aforesaid stand taken by the learned counsel for the parties and the undertaking of the petitioner as recorded by this Court, this petition is dismissed with the observations that the petitioner shall hand over the vacant possession of the demised premises on or before 15.9.2013 to the respondent. It is further mentioned that the petitioner shall also be liable to pay the arrears of rent, if any, within two months from today and he shall keep on making the payment of rent on or before the 10th of every month, till the date of eviction. The petitioner shall be bound by the aforesaid statement/undertaking made before this Court. In case of any violation of the aforesaid statement/undertaking made before this Court, the eviction order shall come into force, immediately. It is also clarified that in case the petitioner fails to hand over the vacant possession of the demised premises on or before 15.9.2013, the respondent shall be entitled to initiate the contempt proceedings against the petitioner in addition to the execution of CR No.133 of 2011 (O&M) -3- the impugned orders of eviction. The statement/undertaking of the petitioner, made before this Court, shall form part of this judgment. September 9, 2011 (RAKESH KUMAR GARG) ps JUDGE