Civil Revision No. 6914 of 2008 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Revision No. 6914 of 2008 Date of Decision: 19.12.2008 M/s Pindi Paint Stores Agencies …Petitioner Versus Balvinderjit Singh Bajwa and Another ... Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Arun Jain, Senior Advocate with Mr. Amit Jain, Advocate for the petitioner. Mr. G.S. Sandhawalia, Advocate for the respondents. Kanwaljit Singh Ahluwalia, J. (Oral) Counsel for the petitioner prays that landlord Balvinderjit Singh Bajwa, even though has obtained premature retirement, do not require the demised premises for his personal necessity as his son, to whom he intended to settle, has migrated to United States of America. The ground pleaded by the landlord was that after the premature retirement, along with his two sons, he wants to start his own business and he has sufficient funds for the same. At this stage, Mr. Arun Jain, Senior Advocate, who is assisted by Mr. Amit Jain, Advocate, has stated that he is conscious of the limitations of a revisional Court as the evidence cannot be re-appreciated Civil Revision No. 6914 of 2008 2 or re-appraised by this Court, while exercising revisional jurisdiction. He has stated that since it has come in evidence that the shop is being used for carrying business, there is a huge inventory stock in his shop, therefore, reasonable time be granted to the petitioner to make alternative arrangement. Mr. G.S.Sandhawalia, Advocate, who is present in the Court, on behalf of respondents/caveators-landlord states that he has no objection in case petitioner files an undertaking before learned Rent Controller that peaceful vacant possession shall be handed over to the landlord after the expiry of time granted by this Court. During the course of arguments, a consensus has been arrived at between the counsel for the parties that one and a half years' time will be sufficient for making alternative arrangement. This Court is of the view that due sanctity ought to be given to the consensus arrived at by the counsel for the parties. Therefore, petitioner is granted one and a half years time, commencing from 1.1.2009, subject to filing an undertaking that peaceful vacant possession of the demised premises shall be handed over to the landlord on or before 30.6.2010. The undertaking shall also contain a condition that the entire arrears of rent, if any, shall be paid or tendered before the Rent Controller. The undertaking shall further state that rent of each following month, as is paid earlier, shall be paid or tendered as use and occupation charges, on or before 7th day of each month. The undertaking be furnished before the concerned Rent Controller on or before 15.1.2009. In case, such an undertaking is not furnished, the landlord shall be well within his rights to take recourse to the lawful remedy Civil Revision No. 6914 of 2008 3 available to him. As prayed, the present revision petition is dismissed as withdrawn. (Kanwaljit Singh Ahluwalia) Judge December 19, 2008 “DK”