CR No.4429 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.4429 of 2010 Date of decision : 18-08-2010 Sarup Singh .... Petitioner VERSUS Ram Chand ....Respondent CORAM:- HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Gurjinder Singh Chahal, Advocate, for the petitioner. Mr. Himanshu Jawa, Advocate, for the respondent. KANWALJIT SINGH AHLUWALIA, J. (Oral) In the present revision petition, tenant has assailed the findings returned by both the Courts below that the demised shop is required for the landlord to earn his livelihood. Counsel for the petitioner has stated that the landlord, who is aged about 70 years, is having four shops in the city and two shops are occupied by his sons who are running their business and petitioner is living in a joint family. Counsel for the respondent has submitted that the landlord requires the shop in question for his own use and occupation as he never wants to remain dependent on his sons. At this stage, counsel for the petitioner has stated that in case, sufficient time is granted to make an alternative arrangement, he will not press the present revision petition. To make an alternative arrangement, as the petitioner is CR No.4429 of 2010 -2- running a tent shop, he wants sufficient time to shift the premises. During the course of arguments, it transpired that in case, two years' time is granted to the tenant, it will serve the interest of the tenant. Counsel for the respondent has no objection to the proposal made by counsel for the petitioner. It is mutually agreed that petitioner will hand over actual peaceful physical vacant possession of the shop on 1.10.2012. In view of the broad consensus arrived at between the parties, as prayed, revision petition is dismissed as withdrawn. However, petitioner shall handover peaceful physical vacant possession of the demised premises on 1.10.2012. The petitioner – tenant shall file an undertaking to this effect in the Court of Rent Controller on or before 15.09.2010. The undertaking shall also contain a condition that entire arrears of rent shall be paid immediately. Furthermore, he shall pay rent of following months in advance on or before 7th of the each month. (KANWALJIT SINGH AHLUWALIA) 18-08-2010 JUDGE manju