C.R.No.301 of 2011 (O&M) 1 IN THE HIGH COURTOF PUNJAB AND HARYANA, CHANDIGARH. C.R.No.301 of 2011 (O&M) Date of decision: 21.7.2011 Pappu Di Hatti ...Petitioner vs Janeshwar Kumar Jain ....Respondent CORAM: MR.JUSTICE RAKESH KUMAR GARG. --- Present: Mr.Sanjay Jain, Advocate, for the petitioner. Mr.Vivek Suri, Advocate, for the respondent. -- Rakesh Kumar Garg,J.(Oral) The eviction of the petitioner was ordered by both the Courts below on the ground that the demised premises have become unsafe and unfit for human habitation. After arguing for some time when the Court was not agreeing with the contentions raised by the learned counsel for the petitioner, it was submitted that the petitioner be given a reasonable time to hand over the vacant possession of the tenanted premises to the landlord. Learned counsel for the respondent has fairly agreed to the aforesaid submission and has submitted that any reasonable time which this Court deems proper be granted to the petitioner to hand over the vacant possession to him subject to filing of his an undertaking in this regard and payment of rent including the arrears. It is not in dispute that another tenant namely M/s Hira Lal Pawan Kumar who was a tenant in the adjoining shop belonging to the respondent-landlord and whose eviction was ordered on the ground that the C.R.No.301 of 2011 (O&M) 2 building has become unfit and unsafe for human habitation was granted nine months time by the Apex Court Keeping in view the facts and circumstances, this petition is dismissed with the observations that the petitioner is granted nine months time from today to vacate the premises and hand over the vacant possession to the landlord subject to his filing an undertaking within one month from today before the Rent Controller in this regard as aforesaid and also will pay arrears if any, within two months and will keep on paying monthly rent in advance by 10th of every month. In case of non filing of the under taking or non payment of rent as aforesaid, the eviction order will become operative immediately. It may also be clarified that the petitioner will be bound to hand over the vacant possession to the land lord on the expiry of nine months and in case of his failure to do so in addition to the execution of the eviction order the respondent-landlord shall also be entitled to initiate contempt proceedings. ( Rakesh Kumar Garg) Judge July 21, 2011 rk