Civil Revision No.3890 of 2011(O & M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.3890 of 2011(O & M) Date of Decision:09.09.2011 Shamsher Singh ....petitioner Versus Surindra Devi .....respondent CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR GARG 1.Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Mr.Pankaj Bali, Advocate for the petitioner Mr.Sarju Puri, Advocate for the respondent *** RAKESH KUMAR GARG, J.(ORAL): This is tenant's revision petition challenging the impugned orders of eviction. On July 04, 2011, this Court passed the following order: Respondent-landlord filed an eviction application for ejectment of the petitioner from the property in question. The petitioner-tenant failed to tender the provisional rent as assessed by the Rent Controller on 17.03.2005. Accordingly, the eviction petition was allowed and petitioner was directed to hand over the vacant possession of the demised premises within two months from the date of order i.e. 02.08.2010. Civil Revision No.3890 of 2011(O & M) 2 Petitioner filed an appeal against the aforesaid order dated 02.08.2010 before the appellate authority, Ludhiana, which was also dismissed. The relevant observations of the appellate authority read thus: “Indubitably, the appellant failed to pay the arrears of rent to the respondent on the date fixed for such purpose. On the failure of the appellant to comply with the order dated 17.03.2005 of the learned Rent Controller, nothing remained to be done and impugned order of eviction was to follow and that rightly followed. If the appellant had made compliance of the order dated 17.03.2005 of the learned Rent Controller, in that event, enquiry should have continued for finally adjudicating upon the dispute as to the arrears of rent in the light of the contending pleas by the parties before, the learned Rent Controller. Once the tenant/appellant has taken the risk of not paying the rent in terms of the order dated 20.07.2005 passed by the learned Rent Controller, his ejectment was bound to follow in view of Madan Lal and anr. Vs. Baldev Raj, 2004-2. The Punjab Law Reporter, 834 rendered by the Hon'ble Punjab and Harayana High Court. It has been furhter held by the Hon'ble Punjab and Haryana High Court in M/s S. Nihal Singh Motors and others vs. Smt. Shama Malhotra and another, 2005 (1) RLR 19, that when the tenant fails to deposit the provisional rent inspite of the order of learned Rent Controller, then ejectment of the tenant must follow. Civil Revision No.3890 of 2011(O & M) 3 So, in these circumstances, the appellant, who failed to pay the provisional rent, interest and costs of the application, amounting to Rs. 8740/- to the respondent , was rightly ordered to be evicted from the demised shop by the learned Rent Controller vide impugned order, which is, hereby upheld and affirmed as the same does not suffer from any infirmity or illegality." During the course of arguments, learned counsel for the petitioner could not point out any material irregularity on the basis of which the impugned order could be set aside. It is also not disputed that till date, the petitioner is in arrears of rent. Faced with this situation, learned counsel for petitioner has submitted before this Court that in case the petitioner is granted some reasonable time to hand over the vacant possession he is ready to deposit the total arrears of rent within one month from today and will continue to pay rent as assessed by the Rent Controller till he vacates the premises. Notice of motion for 28.07.2011 to respondent-landlord on the aforesaid limited submission. Dasti only. In case, the service is not effected upon the respondent, the revision petition shall be deemed to be dismissed. Mr.Sarju Puri, learned counsel appearing on behalf of the respondent-landlord has no objection in case the petitioner-tenant is Civil Revision No.3890 of 2011(O & M) 4 granted reasonable time to hand over the vacant possession of the demised premises to the respondent subject to the condition that the petitioner shall make the payment of arrears within two months and shall keep on making the advance payment of rent by 10th of every month, up to the date of handing over the possession and that the petitioner shall also file an undertaking before the Rent Controller within one month that he shall hand over the vacant possession of the demised premises to the respondent, on or before the date fixed by the Court. I have heard learned counsel for the parties. A consensus has been reached between the parties and thus petitioner is granted time to vacate the premises on or before 31.03.2012 subject to payment of arrears, if any, within two months from today. The petitioner shall keep on making advance payment of future rent by 10th of every month till the date of vacation and shall also file an undertaking as aforesaid. This petition is dismissed with the observations that the petitioner shall hand over the vacant possession of the demised premises on or before 31.03.2012 to the respondent-landlord. The petitioner shall file an undertaking before the Rent Controller within one month to the effect that he shall hand over the vacant possession of demised premises to the respondent on or before 31.03.2012 and shall also make payment of arrears, if any, within two months from today and shall keep on making payment of future rent in advance i.e.by 10th of every month till the date of vacation of the premises in dispute. In case of any violation of the aforesaid statement/undertaking made before the Court, 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 on or before 31.03.2012, the respondent shall be entitled to initiate the contempt proceedings against the petitioner in addition to the execution of the Civil Revision No.3890 of 2011(O & M) 5 impugned orders of eviction. Ordered accordingly. (RAKESH KUMAR GARG) JUDGE 09.09.2011 neenu