CR No.7369 of 2011(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.7369 of 2011(O&M) Date of decision: 16.12.2011 Krishan Lal and anr. ......Petitioner(s) Versus Kailash Chand and others ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. Dinesh Arora, Advocate for the petitioners. Mr. Mrigank Sharma, Advocate for the respondents. Rakesh Kumar Garg, J.(Oral) On November 30, 2011, the following order was passed by this Court:- “This is tenants’ revision petition challenging the impugned order of eviction of the authorities below. Shorn of unnecessary details, it is suffice to say that though the respondent-landlord had sought eviction of the petitioners on many grounds, however, their eviction has been ordered on the ground of personal bona fide requirement of the respondent-landlord and that the petitioner No.1 has sublet the premises in dispute in favour of petitioner No.2. After arguing for some time when learned counsel for the petitioners could not point out any fault with the findings of the authorities below, he submitted that the petitioner-tenant is in possession of the shop in dispute since the year 1959 and he be granted some reasonable time to shift to some new premises. Notice of motion for 5.12.2011 to the aforesaid limited extent only. Let an undertaking of the petitioners be also filed before this Court that if any reasonable time is granted, CR No.7369 of 2011(O&M) 2 they shall hand over the vacant possession of the demised premises to the respondent-landlord on expiry of the time so granted by this Court. Dasti only.” Mr. Mrigank Sharma, Advocate, who is appearing on behalf of the respondent-landlord, has stated before this Court that any time reasonable as considered by this Court be granted to the petitioners for vacating the demised premises and handing over the vacant possession of the same to the respondents. A consensus has been reached and it is agreed by the learned counsel appearing on behalf of the parties that this petition be dismissed, however, the petitioners be granted 9 months' time from today i.e. upto 15.9.2012 to vacate the demised premises and hand over the vacant possession of the same to the landlord-respondents subject to the conditions that the petitioners shall make payment of entire arrears of rent, if any, within two months from today and shall keep on making the payment of future rent in advance i.e. by 10th of every month till the vacation of the demised premises. In view of the above, this petition is dismissed with the observations that the petitioners are granted 9 months' time to vacate the premises in question i.e. on or before 15.9.2012 subject to the conditions that the petitioners shall make payment of entire arrears of rent, if any, within two months from today and shall keep on making the payment of future rent in advance i.e. by 10th of every month till the vacation of the demised premises. The petitioners shall also file an undertaking before the Rent Controller/Executing Court within one month from today incorporating the aforesaid conditions. In case of any violation of the aforesaid conditions, the eviction order shall come into force immediately. It is CR No.7369 of 2011(O&M) 3 further made clear that in case the petitioners fail to hand over the vacant possession of the demised premises to the landlord-respondents upto 15.9.2012, in addition to the execution of the impugned order, he shall also be liable for contempt. It is needless to say that the parties shall be bound by the submissions made before this Court as well as the affidavit filed before this Court and the undertaking to be filed before the Rent Controller. December 16, 2011 (RAKESH KUMAR GARG) ps JUDGE CR No.7369 of 2011(O&M) 4