CR No.5210 of 2008 [1] THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Revision No. 5210 of 2008 Date of Decision: 27 - 11 - 2008 Subhash Chand ....Petitioner v. Satish Kumar Sandooja ....Respondent CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.Vikas Kumar, Advocate for the petitioner. Mr.Sudhir Aggarwal, Advocate for the respondent. *** KANWALJIT SINGH AHLUWALIA (ORAL) In the present revision petition, a Co-ordinate Bench on 29.9.2008 passed the following order:- “Learned counsel for the petitioner has urged that in this petition, three grounds were taken by the landlord for eviction of the tenant viz. (i) non-payment of rent, (ii) materially impaired the value and utility of the shop in question and (iii) the shop in question was required for personal use and occupation. Out of these three grounds, two grounds viz. (i) non-payment of rent and (ii) material impairment of the shop in question were rejected by the Rent Controller, Gurgaon. So far CR No.5210 of 2008 [2] as the personal use and occupation of the shop in question was concerned, landlord-respondent as pleaded by him, was working with his father on cloth shop as a Salesman, but he could not prove the same. After addressing arguments, counsel for the petitioner contended that notice of motion may be issued in this petition only for the purpose of granting reasonable time to the petitioner to vacate the demised premises. Notice of motion for 17.10.2008. Meanwhile, dispossession of the petitioner from the shop in question, shall remain stayed.” Counsel for the petitioner has very fairly stated that since tenant is in the process of vacating the demised premises, reasonable time be granted to vacate the premises as the shop had a very heavy inventory and most of the articles are to be disposed off. Mr.Sudhir Aggarwal, appearing for the respondent-landlord has stated that he has no objection if a reasonable time is granted to the tenant to vacate the demised premises. During the course of arguments, a consensus has been formulated between the parties that four months time be granted to the tenant to vacate the demised premises. Therefore, tenant is granted four months time to shift to the alternative premises, subject to filing an undertaking before the Rent Controller that he shall hand over peaceful and vacant possession of the demised premises to the landlord on or before 31.3.2009. The undertaking be filed on or before 31.12.2008. The undertaking shall also incorporate that entire arrears of rent shall be paid on CR No.5210 of 2008 [3] or before 31.12.2008 and the rent due up to 31.3.2009 shall be paid or tendered in advance. Needless to say that if this undertaking, as agreed, is not filed before the Rent Controller, the landlord shall be at liberty to take recourse of the remedy available to him under the law. Petition stand disposed off. ( KANWALJIT SINGH AHLUWALIA ) November 27, 2008. JUDGE RC