IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Revision No.426 of 2009 (O&M) Date of Decision : 23.11.2009 Baljit Singh .....Petitioner versus Narinder Pal Kaur .....Respondent CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.Arun Bansal, Advocate, for the petitioner. Mr.B.P.S.Virk, Advocate, for the respondent. -.- 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? --- ORDER Surya Kant, J. (Oral) This revision petition is directed by the tenant against the order dated 16.9.2008 passed by the Rent Controller, Chandigarh, whereby he has been ordered to be evicted from the demised premises comprising ground floor of residential house No.895, Sector 40-A, Chandigarh, due to non-tendering of the arrears of provisionally assessed rent, as well as against the judgment dated 19.11.2008, whereby the petitioner's appeal against the afore-mentioned eviction order, has been dismissed by the Appellate Authority, Chandigarh. The respondent-landlady is a senior citizen of about 80 years of age. She sought the petitioner's eviction on the ground of non-payment of arrears of rent and that she requires the demised premises for her own C.R. No.426 of 2009 (O&M) 2 use and occupation, namely, for her grand-son. The Rent Controller, Chandigarh assessed the provisional rent of the demised premises and gave two months' time to the petitioner-tenant to tender the arrears thereof. The petitioner failed to tender the same and as a result thereto, suffered the eviction order. His appeal against the eviction order has also been dismissed by the Appellate Authority, Chandigarh vide the judgment dated 19.11.2008. Taking advantage of some typographical mistake regarding the next date of hearing before the Rent Controller, Chandigarh, that the petitioner-tenant has impugned the orders passed by the Courts below. His revision petition was earlier decided ex-parte vide the order dated 27.1.2009 but the same was restored to its original number and status on an application moved by the respondent-landlady. During the course of hearing, learned counsel for the respondent-landlady points out that the main ground seeking petitioner's eviction is that the respondent requires the demised premises for her own bonafide use and occupation and that ground has not been gone into by the Rent Controller or the Appellate Authority. It is not in dispute that the arrears of rent have since been paid by the petitioner-tenant under the orders of this Court and he is ready and willing to deposit the subsequent rent also. In these circumstances, learned counsel for the respondent-landlady fairly states that the matter may be remanded to the Rent Controller, Chandigarh to decide the plea of personal necessity and keeping in view the age of the respondent-landlady a C.R. No.426 of 2009 (O&M) 3 direction may be issued to decide the case in a time bound manner, to which the petitioner has also no objection. In this view of the matter and keeping in view the agreed stand taken by counsel for the parties, this revision petition is allowed; the impugned orders dated 16.9.2008 passed by the Rent Controller, Chandigarh and 19.11.2008 passed by the Appellate Authority, Chandigarh, are set-aside and the matter is remanded to the Rent Controller, Chandigarh, to decide the eviction petition of the respondent- landlady on merits, subject to the following terms:- (i) the petitioner-tenant shall deposit the arrears of rent w.e.f. August, 2004 upto 30.11.2009, if already not deposited, on or before 31.12.2009. However, he shall be at liberty to take a plea and prove that the rent for the previous period has already been paid; (ii) the petitioner shall continue to deposit the monthly rent before the Rent Controller, Chandigarh on or before 10th of every calendar month, failing which there shall be eviction order on account of non-payment of rent; (iii) both the parties shall be offered three opportunities each to lead their entire respective evidence in support/against the grounds of eviction; (iv) the eviction petition shall be decided by the Rent Controller at the earliest and preferably within a period of 6 months from today. Dasti. 23-11-2009 (SURYA KANT) Mohinder JUDGE