CR 160 of 2008. 10.9.2008 Present: Mr. Adarsh Kumar Vashishta, counsel for the petitioner. Mr. Romesh Verma, counsel for the respondent. This revision petition has been preferred by the tenant against the concurrent findings of the two Courts below ordering the eviction of the petitioner herein on the ground that he had ceased to occupy the demised premises for a continuous period of 12 months and had built and acquired vacant possession of residential building within the local limits of Shimla. On the evidence on record, the learned trial Court held that the evidence on record established the grounds as alleged. The appeal preferred by the tenant was dismissed by the learned appellate authority, holding that the petitioner herein had shifted to his own residence about two years ago and had locked out the rented premises. The entire evidence was reappreciated and no fact contrary to what had been established for grant -2- of eviction order was brought on record of the case. I do not find any perversity in the appreciation of evidence or conclusions of findings arrived thereat. This petition is accordingly dismissed. There shall be no order as to costs. On the plea of the tenant – petitioner herein, the following order is passed by consent of both the parties: (a) that the order of eviction shall remain stayed for a period of one year from today i.e. up to 30.9.2009. This will be subject to the petitioner undertaking: (i) that vacant and peaceful possession of the premises shall be delivered to the landlord on or before 30.9.2009; (ii) that the tenant shall not either himself or through any member of his family, relative, relation, agent attorney or any person whatsoever commit such act(s) or cause to be committed such act which will obstruct the delivery of vacant possession of the premises on the date as agreed to hereinabove. The premises will not be leased, rented, charged with any encumbrance or in any manner dealt with which creates hindrance in the delivery of vacant and peaceful possession of the premises to the landlord; (iii) that the petitioner herein shall continue to pay use and occupation charges which would be the rent being -3- charged by the respondent landlord. Such rent shall be paid on or before 10th of every month; (iv) An undertaking shall be filed by the petitioner – tenant to the effect that in case of breach of any of these conditions and in case vacant and peaceful possession is not delivered on or before 30.9.2009, he shall be liable for proceedings under the Contempt of Courts Act including any other proceedings which may be instituted against him in law (v) An affidavit agreeing and undertaking to all the conditions set out herein shall be filed by the tenant petitioner within four weeks. He will undertake that in case of breach of any of the conditions stipulated above, the eviction order shall become executable forthwith. The revision petition is disposed of accordingly. Pending application(s) shall stand disposed of. September 10, 2008 (PC). (Dev Darshan Sud), J.