IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.7806 of 2010 Date of decision: 1st December, 2010 Sanjiv Jain … Petitioner Versus Santosh Kumar and others … Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. I.P.S. Kohli, Advocate for the petitioner. KANWALJIT SINGH AHLUWALIA, J. (ORAL) In the present case, Rent Controller, Ludhiana passed an order, whereby provisional rent was assessed. Assessment of the provisional rent was challenged in this Court in Civil Revision No.4637 of 2008, which was dismissed on 4th November, 2008. It is an admitted fact that the tenant has not complied with the order of provisional assessment and has not paid the rent. The appellate authority has noticed that the rent amounting to Rs.1,68,500/- was due, which the tenant was bound to pay on or before 20th September, 2008. The tenant has not paid the rent. In view of the ratio of law laid down in a judgment rendered by Hon’ble the Apex Court in ‘Rakesh Wadhawan v. M/s Jagdamba Industrial Corporation’, 2002 (1) RCR (Rent) 514 (SC); 2002 AIR (SC) 2004, incorporated by a Division Bench of this Court in ‘Rajan alias Raj Kumar v. Rakesh Kumar’, 2010(1) Rent Control Reporter 386, this Court cannot come to the rescue of the petitioner. Civil Revision No.7806 of 2010 At this stage, counsel for the petitioner states that he will not press the present revision petition, but shall make an alternative prayer before this Court. He states that the petitioner is a shop-keeper and is carrying a huge inventory, therefore, sufficient time be granted to him to make an alternative arrangement. As prayed, present revision petition is dismissed as not pressed. However, considering the alternative prayer made by counsel for the petitioner, the petitioner-tenant is granted eight months’ time, commencing from 15th December, 2010, to hand over the actual physical peaceful vacant possession of the premises to the respondent-landlord, subject to his filing an undertaking to this effect in the Court of Rent Controller, Ludhiana. The undertaking be filed on or before 10th January, 2011. [KANWALJIT SINGH AHLUWALIA] JUDGE December 1, 2010 rps 2