Civil Revision No.1627 of 1999 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.1627 of 1999 Date of decision : 17-08-2010 Jai Pal .... Petitioner VERSUS Neeraj Kumar Garg ....Respondent CORAM:- HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Harsh Aggarwal, Advocate, for the petitioner. Mr. A.K. Chopra, Senior Advocate, with Mr. Rajneesh Chander, Advocate, for the respondent. KANWALJIT SINGH AHLUWALIA, J. (Oral) Petitioner was tenant in shop No.4 @Rs.120 per month. At the time, when petitioner was inducted as a tenant on 18.02.1978 rent was Rs.83/- per month. It is an admitted fact that petitioner was tenant in seven shops constructed by the respondent – landlord. Shop No.17 adjoins shop No.4. Both the Courts below have given a finding that without the consent of the landlord, petitioner had opened a door in the common wall and made two shops into one. Relying upon the evidence of the Local Commissioner, both the Courts below concluded that by opening a door in the common wall, petitioner had caused material impairment to the value of the property as cracks had appeared in the wall and strength of the wall was reduced. Counsel for the respondent states that the eviction proceedings initiated qua the adjoining shop, a compromise has Civil Revision No.1627 of 1999 -2- been effected between the parties and it has been agreed that other shops will be vacated by the petitioner on 17.01.2011. Counsel for the petitioner has stated that if in the present case, some more time is granted, to enable the petitioner to shift the machinery installed in the shop, he shall not press the present petition. 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 vacant possession of the shop on 1.10.2011. In view of the broad consensus arrived at between the parties, as prayed, revision petition is dismissed as withdrawn.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 1.10.2011. 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) 17-08-2010 JUDGE manju