CR No.7386 of 2009.doc - 1 - HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CR No.7386 of 2009 (O&M) DATE OF DECISION: 17.12.2009 **** Ashok Kumar . . . . Petitioner VS. Smt. Ravinder Kaur . . . . 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. Anand Chibber, Advocate for the petitioner Mr. J.K. Puri, Advocate for the respondent ***** SURYA KANT J.(ORAL) 1. This revision petition is directed by the tenant against the eviction order dated 29.05.2009 passed by the Rent Controller, Chandigarh, which has been further upheld by the Appellate Authority, Chandigarh vide judgement dated 16.11.2009. 2. Vide the above-stated impugned orders, the petitioner-tenant has been directed to vacate the ground floor of House No.2380 of Sector 36-C, Chandigarh. 3. When the matter came up for preliminary hearing on 14th December, 2009, learned counsel for the petitioner-tenant, after arguing the case on merits, made a statement that given one year period to vacate the premises, the petitioner does not want to press this revision petition on merits and CR No.7386 of 2009.doc - 2 - that he is also ready to buy the house in case the respondent-landlady is willing to sell the same at the market price. 4. Notice of motion was issued and pursuant thereto the respondent-landlady, through her counsel has been persuaded and she agrees to allow the petitioner-tenant to retain possession of the demised premises upto 31st December, 2010. The petitioner-tenant has also given undertaking by way of his affidavit to the effect that he shall hand over the peaceful vacant possession of the demised premises to the respondent-landlady and/or to her children, as the case may be, on or before 31st December, 2010. The revision petition is, accordingly, disposed of with the following directions:- i. the petitioner-tenant shall pay the entire arrears of rent, if any, to the respondent-landlady within one month of the receipt of certified copy of this order; ii. the petitioner-tenant shall continue to pay the monthly rent on or before 10th day of every calendar month till he vacates the premises; iii. that the petitioner shall not take advantage of any changed circumstances and shall not be entitled to seek any review/modification of this consent order. In other words, no changed circumstances shall vary the terms and conditions and the petitioner-tenant shall be CR No.7386 of 2009.doc - 3 - liable to vacate the demised premises on or before 31st December, 2010; iv. the petitioner-tenant shall hand over the peaceful vacant possession of the demised premises to the respondent-landlady on or before 31st December, 2010; v. subject to compliance of condition No.(i) and (iv) above, the petitioner-tenant shall be entitled to retain the possession of the demised premises till 31st December, 2010; 5. Disposed of. 6. Dasti. (SURYA KANT) JUDGE 17.12.2009 vishal shonkar