Civil Revision No.2896 of 2011(O & M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.2896 of 2011(O & M) Date of Decision:05.09.2011 Rakesh Kumar Gupta ....petitioner Versus Sukhdev Kumar .....respondent CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR GARG 1.Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Mr.J.S.Bagga, Advocate for the petitioner Mr.R.S.Bajaj, Advocate for the respondent *** RAKESH KUMAR GARG, J.(ORAL): This is tenant's revision petition challenging the impugned order dated 16.04.2011, passed by Rent Controller,Chandigarh, whereby his application under Order 9 Rule 13 for setting aside the ex parte decree dated 16.01.2010 was rejected. At the outset, learned counsel for the petitioner, on instructions from Mr.Rakesh Kumar Gupta, petitioner, who is present in the Court, states that in case sufficient time is granted to the petitioner, he shall hand over the vacant possession of the demised premises to the respondent-landlord. On the other hand, learned counsel appearing on behalf of the respondent-landlord submits that he has no objection to the prayer made and if the petitioner is granted reasonable time as considered by this Court, to hand over the vacant possession to the respondent-landlord Civil Revision No.2896 of 2011(O & M) 2 subject to the condition that he shall file an undertaking that he will hand over the vacant possession of the demised premises to the respondent- landlord on expiry of the time granted by this Court. The aforesaid conditions are acceptable to the petitioner and on the consensus of the parties, petitioner-tenant is granted time up to 30.04.2012 to vacate the demised premises and hand over the vacant possession to the respondent-landlord on or before 30.04.2012. At this stage, statement of the petitioner as well as respondent, is recorded separately. Keeping in view the stand taken by the learned counsel for the parties and the undertaking of the parties as recorded by this Court, this petition is dismissed with the observations that the petitioner shall hand over the vacant possession of the demised premises on or before 30.04.2012 to the respondent. The petitioner shall be bound by the aforesaid statement/undertaking made before this Court. In case of any violation of the aforesaid statement/undertaking made before this Court, the eviction order shall come into force, immediately. It is also clarified that in case the petitioner fails to hand over the vacant possession of the demised premises on or before 30.04.2012, the respondent shall be entitled to initiate the contempt proceedings against the petitioner in addition to the execution of the impugned orders of eviction. The statement/undertaking of the petitioner, made before this Court, shall form part of this judgement. Disposed of. (RAKESH KUMAR GARG) JUDGE 05.09.2011 neenu