Civil Revision No. 6410 of 2008 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Revision No. 6410 of 2008 Date of Decision: 5.12.2008 Smt. Parkasho Rani and Others …Petitioners Versus Prem Lata alias Puranwati and Another ... Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Amandeep Singh, Advocate for Mr. Gaurav Singh Hooda, Advocate for the petitioners. Kanwaljit Singh Ahluwalia, J. (Oral) In the present case, Ghasita Ram deceased tenant who was being represented by seven members of the family preferred was sought to be evicted by landlord. It was stated in the eviction petition that respondents-landlord are owners in possession of building bearing House Tax No. 81-82, described and detailed in the eviction petition. It has been stated that as per the decree of Civil Court they have become landlords against the petitioners. In the present case, property is on rent with the tenant at the rate of Rs.8/- per month. It was stated that he was in arrears of rent from 1.12.1994 till the date of filing of petition. It was further stated that landlady Prem Lata alias Puranwati is a married woman. She was working as School Mistress teaching in a recognized Senior Secondary School. Her husband was a Technocrat working in a Civil Revision No. 6410 of 2008 2 factory. She has got one son and a daughter, who at the time of filing of petition were students but at the time of decision of learned Rent Controller both were married. Therefore, it was pleaded that the premises were required for personal necessity. Two Courts below after appreciating the evidence held that demised premises is required for personal use and occupation of the landlord. Mr.Amandeep Singh, Advocate, for Mr. Gaurav Singh Hooda, Advocate, appearing for the petitioners, stated that the evidence has not been appreciated in a right earnest by the two Courts below. It has been stated that the Courts below have not taken into consideration that the daughter of landlady has been married, therefore, room is not required for her personal use. The observation made by this Court that married daughter is visiting her parents on and off, learned counsel has been unable to dislodge the same. At this stage, learned counsel submitted that he may be permitted to make an alternative prayer to say that the petitioners are residing in the premises before partition of the Country, therefore, a sufficient time be granted to them to make an alternative arrangement. He further submitted that in case sufficient time is granted to the petitioners, he will not pursue the present revision petition and the same may be dismissed as withdrawn. I find merit in the alternative submissions made by learned counsel for the petitioners. Accordingly, the petitioners are granted nine months' time to vacate and hand over vacant physical possession to the landlords Civil Revision No. 6410 of 2008 3 subject to the fling of an undertaking in the court of concerned Rent Controller that after nine months commencing from 1.1.2009, they shall hand over the vacant physical possession to the landlords. The undertaking be filed on or before 7.1.2009 before the concerned Rent Controller. It shall be specifically stated in the undertaking that the vacant physical possession shall be handed over to the landlord on or before 30.9.2009. The undertaking shall also contain a condition that the entire arrears of rent, if any, shall be deposited or tendered on or before 7.1.2009. The entire rent of nine months be deposited in advance. As prayed, the present revision petition is dismissed as withdrawn. (Kanwaljit Singh Ahluwalia) Judge December 5, 2008 “DK”