IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Revision No.7717 of 2011 (O&M) Date of decision: 21.12.2011 Raj Kumar Gulati -----Petitioner Vs. P.S. Gill -----Respondent CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR GARG 1. Whether reporters of local newspapers may be allowed to see judgment? 2. To be referred to reporters or not? 3. Whether the judgment should be reported in the Digest? Present:- Mr. Baljeet Singh, Advocate with Mr. Raj Kumar Gulati, petitioner. Ms. Deepali Puri, Advocate for the respondent. --- RAKESH KUMAR GARG, J. 1. This is tenant’s revision petition challenging the impugned order dated 18.11.2011 of the Appellate Authority Chandigarh, whereby in an appeal filed by the petitioner against the order of eviction dated 8.12.2010, mesne profits for the demised premises have been assessed at `18,000/- per month. 2. During the course of proceedings before this Court, learned counsel appearing on behalf of the petitioner has submitted that the son of the petitioner is studying in class 10+1 C.R. No.7717 of 2011 and keeping in view his studies, if the petitioner is granted a reasonable time, he will hand over the vacant possession of the demised premises to the respondent/landlord on or before the expiry of the period so fixed by this Court. 3. Learned counsel appearing on behalf of the respondent-landlord has submitted before this Court that the respondent-landlord has no objection if the petitioner is granted a reasonable time to hand over the vacant possession of the demised premises to him subject to payment of arrears of rent and payment of future rent in advance till the handing over of the vacant possession of the demises premises to him. 4. Shri Baljeet Singh, Advocate has handed over a sum of `64,000/- to Ms. Deepali Puri, Advocate who is appearing on behalf of the respondent-landlord towards arrears of rent till December, 2011. 5. After hearing learned counsel for the parties, a consensus has reached between the parties that the petitioner- tenant be granted time upto 30.6.2013 to hand over the vacant possession of the demised premises to the respondent-landlord subject to payment of arrears of rent, if any and that the petitioner shall keep on paying future rent by 10th of every month till the date of handing over of the vacant possession of the demised premises to the respondent-landlord. 6. Learned counsel appearing on behalf of the petitioner has also filed an undertaking by way of an affidavit of the 2 C.R. No.7717 of 2011 petitioner in this Court, which is taken on record as Mark ‘CX’. Learned counsel for the petitioner further submitted that the petitioner shall also withdraw the appeal which is pending before the Appellate Authority. Statement of the petitioner who is present in Court is also recorded separately. 7. Keeping in view the statement/undertaking of the petitioner-tenant made before this Court, this revision petition is dismissed with the observations that the petitioner is granted time upto 30.6.2013 to hand over the vacant possession of the demised premises to the respondent-landlord subject to the condition of making payment of arrears of rent, if any and that the petitioner shall keep on paying the future rent in advance by the 10th of every month and that he will hand over the vacant possession of the demised premises to the respondent-landlord on or before the expiry of the time granted by this Court i.e. 30.6.2013. 8. In case of any violation of the aforesaid conditions, the eviction order shall come into force immediately. It is also made clear that if the petitioner fails to hand over the vacant possession to the respondent-landlord, as stipulated above, the respondent-landlord may initiate contempt proceedings against him, in addition to execution of the impugned order. 9. The petitioner shall be bound by his statement made before this Court today and also with the undertaking filed before this Court which shall form part of this order. 3 C.R. No.7717 of 2011 December 21, 2011 ( RAKESH KUMAR GARG ) ak JUDGE 4 C.R. No.7717 of 2011 Statement of Raj Kumar Gulati son of Late Shri Hans Raj Gulati, aged 45 years, Businessman, resident of H.No.603, First Floor, Sector 33-B, Chandigarh on S.A. --- I have paid a sum of `64,000/- towards arrears of rent upto December, 2011 and shall also pay the arrears of rent, if any found due. I shall keep on paying the future rent in advance by the 10th of every month by way of demand draft. I shall hand over the vacant possession of the demised premises to the landlord on or before 30.6.2013. I have filed an undertaking in this regard before this Court today, which has been taken on record as Mark ‘CX’. I shall abide by the aforesaid undertaking/statement. In case of any violation, I shall be liable to be evicted forthwith. In case, I do not vacate the demises premises upto 30.6.2013, I shall also be liable for contempt proceedings. I shall also withdraw my appeal, against the order of eviction dated 8.12.2010 passed against me by the Rent Controller, Chandigarh which is pending before the Appellate Authority. I accept, the order dated 8.12.2010 of the Rent Controller, Chandigarh, whereby my eviction has been ordered from the demised premises. RO & AC (RAKESH KUMAR GARG) JUDGE (Raj Kumar Gulati) 21.12.2011 5