CR No.6853 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.6853 of 2011 (O&M) Date of decision: 13.12.2011 Sunil Kumar ......Petitioner(s) Versus Varinder Kumar Maini ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. Upender Prasher, Advocate with the petitioner. Mr. Varinder Kumar Sandhir, Advocate for the respondent. Rakesh Kumar Garg, J.(Oral) The petitioner is present in Court. On 9.11.2011, the following order was passed: Learned counsel for the petitioner-tenant states that he is ready to vacate the demised premises, if a sufficient time is given to make some alternative arrangement. That be so, notice of motion for 13.12.2011. Dasti as well. Meanwhile, ejectment of the petitioner shall remain stayed.” Today, Mr. Varinder Kumar Sandhir, Advocate has put in appearance on behalf of the respondent-landlord and has submitted that if the petitioner shall make the payment of arrears of rent and shall keep on paying the future rent in advance, the respondent has no objection to the grant of time considered reasonable by this Court for vacating the demised premises and handing over the vacant possession of the same. A consensus has been reached between the counsel for the parties that this petition be dismissed, however, the petitioner be granted CR No.6853 of 2011 (O&M) 2 time upto 12.9.2012 to vacate the demised premises and hand over the vacant possession of the same to the respondent-landlord on or before 12.9.2012 subject to the condition of making payment of entire arrears of rent, if any, within two months from today and that the petitioner shall keep on making the payment of the future rent in advance i.e. by 10th of every month till the vacation of the demised premises. In view of the above consensus, the statement of the petitioner, who is present in Court, is recorded separately. Thus, after hearing learned counsel for the parties and keeping in view the statement of the petitioner recorded separately, this petition is dismissed with the observations that the petitioner is granted 9 months' time to vacate the premises in question i.e. on or before 12.9.2012, subject to payment of future rent in advance i.e by 10th of every month and also clearance of arrears of rent within two months from today, if any, and also file an undertaking before the Rent Controller that he shall hand over the vacant possession of the demised premises on or before 12.9.2012 to the respondent-landlord. The statement of the petitioner recorded before this Court today shall form part of this judgment. It is made clear that in case the arrears of rent/advance rent are not paid as aforesaid, the eviction order shall come into force immediately. It is also clarified that in case the petitioner fails to hand over the vacant possession of the demised premises to the respondent-landlord upto 12.9.2012, in addition to the execution of the impugned order, he shall also be liable for initiation of contempt proceedings. December 13, 2011 (RAKESH KUMAR GARG) ps JUDGE CR No.6853 of 2011 (O&M) 3 CR No.6853 of 2011 Statement of Mr. Sunil Kumar son of Ram Kishan, resident of House No.2356, Gali No.3, Gopal Nagar, Amritsar. On S.A. I am the tenant in the demised premises. I be granted time to vacate the demised premises upto 12.9.2012. I shall hand over the vacant possession of the demised premised to the respondent-landlord on or before the said date. I have already made upto date payment of rent. I shall keep on paying the future rent in advance by 10th of every month till the stipulated date for eviction of the demised premises. I shall be bound by the statement made by me before this Court. In case of violation of any of the conditions as aforesaid, the eviction order shall come into force forthwith and in case I fail to hand over the vacant possession of the premises in dispute to the respondent-landlord up to 12.9.2012 in addition to the execution of the order of eviction, I shall also be liable for contempt proceedings. (RO & AC) (Rakesh Kumar Garg) Sunil Kumar Judge 13.12.2011