cr no.5957 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CR No.5957 of 2009 (O&M) DATE OF DECISION: 24.12.2009 **** Punjab & Sind Bank, New Delhi . . . . Petitioner VS. Ram Krishan Joshi . . . . Respondent **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. D.P. Singh, Advocate for the petitioner Mr. Amarjit Markan, Advocate for the respondent ***** SURYA KANT J.(ORAL) (1). This revision petition is preferred by the tenant-Bank against the eviction order dated 03.08.2009 passed by the Appellate Authority, Sangrur. The above-stated order has been passed in an eviction petition filed by the respondent- landlord which was initially dismissed by the Rent Controller, Sangrur, vide its order dated 01.12.2007. (2). When the matter came up for preliminary hearing on 28.11.2009, counsel for the petitioner-Bank, after arguing the matter at some length, made a statement that the petitioner does not want to press this revision petition on merits provided that respondent-landlord agrees to grant one and a half year’s period to vacate the premises. (3). Notice of motion was issued on this limited ground and pursuant thereto counsel for the parties have been heard. cr no.5957 of 2009.doc - 2 – (4). It is pointed out by the learned counsel for the respondent- landlord that the prevalent market rate of the demised premises cannot be less than Rs.20,000/-, whereas, the petitioner-Bank is paying a sum of Rs.5490/- only. Upon persuasion and on instructions from Sh. H.S. Nagpal, Chief Zonal Manager, Patiala, counsel for the petitioner- Bank states that the petitioner-Bank is ready and willing to pay Rs.10,000/- as monthly rent from December, 2009 onwards, till it is permitted to vacate the premises. (5). The aforesaid offer is acceptable to the respondent-landlord also. (6). In this view of the matter, the revision petition is disposed of with the following agreed terms and conditions:- i. the petitioner-Bank shall be liable to pay the monthly rent @ Rs.10,000/- w.e.f. 01.12.2009 till it vacates the premises; ii. subject to payment of the monthly rent to the respondent-landlord on or before 10th day of every calendar month, the petitioner-Bank shall be entitled to retain possession of the demised premises till 30th June, 2011; iii. counsel for the petitioner, on instructions of Sh. H.S. Nagpal, Chief Zonal Manager of the petitioner-Bank, undertakes to hand over the peaceful vacant cr no.5957 of 2009.doc - 3 – possession of the demised premises to the landlord on or before 30th June, 2011; iv. the petitioner-Bank shall deposit the entire arrears of rent, if any, in the account of the respondent-landlord or shall pay by way of a demand draft in the name of the respondent-landlord on or before 31.01.2010; v. the petitioner-Bank shall not take advantage of any changed circumstances and shall not be entitled to seek any extension in time and/or review/modification of this order. In other words, no changed circumstances shall vary the agreed terms and conditions and the petitioner-Bank shall be liable to vacate the demised premises on or before 30th June, 2011. (7). Disposed of. (8). Dasti. (SURYA KANT) JUDGE 24.12.2009 vishal shonkar