IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 1148 of 2007 (O&M) Date of decision: 17th December, 2008 Darshan Singh … Petitioner Versus Prem Kumar … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Gurcharan Dass, Advocate for the petitioner. Ms. Rahish Pahwa, Advocate for Ms. Upasna Gupta, Advocate for the respondent. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Civil Misc. No. 24241-CII of 2008 Present application has been filed for restoration of Civil Revision No. 1148 of 2007, which was dismissed in default by this Court on 28th November, 2008. Ms. Rahish Pahwa appearing on behalf of Ms.Upasna Gupta, counsel for the respondent, has no objection to the restoration of Civil Revision No.1148 of 2007. In view of this, Civil Misc. application is allowed. Civil Revision No.1148 of 2007 is restored to its original number. Civil Revision No.1148 of 2007 In the present case, eviction of the tenant was ordered because he had not tendered the provisional rent. Subsequently, a plea was raised by the tenant that the amount of the provisional rent assessed was paid to the counsel and the counsel has not deposited the same in the Civil Revision No.1148 of 2007 (O&M) Court, therefore, his eviction is bad. Lower appellate Court held that this explanation of the tenant was a concoction as a result of an afterthought. Aggrieved against the same, present revision petition has been filed. During the course of arguments, a consensus has been arrived at between the parties that in case nine months’ time is granted to the tenant to vacate the premises, present revision petition may be dismissed as withdrawn, without adjudication on the merits of the case, as the tenant runs risk of giving a false explanation to the Court. Mr.Gurcharan Dass, on instructions from Darshan Singh tenant, who is stated to be present in Court, has stated that nine months’ time may be granted, to which Ms.Rahish Pahwa appearing on behalf of Ms.Upasna Gupta, counsel for the respondent, has no objection. This Court is of the view that the consensus formulated by the parties ought to be given due sanctity. Therefore, the tenant is granted nine months’ time to vacate the premises, subject to filing an undertaking in the Court of concerned Rent Controller on or before 15th January, 2009 that he shall vacate the demised premises and shall hand over peaceful vacant possession to the landlord on or before 1st October, 2009. Ms.Rahish Pahwa, during the course of arguments, states that it will be in the interest of landlord that peaceful vacant possession is being handed over to him, therefore, she will not seriously contest the present revision petition. With these observations, as prayed, present revision petition is dismissed as withdrawn. [KANWALJIT SINGH AHLUWALIA] JUDGE December 17, 2008 rps 2