Civil Revision No. 6744 of 2008 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Revision No. 6744 of 2008 Date of Decision: 5.12.2008 Hem Raj Garg …Petitioner Versus Smt. Leela Wati and Others ... Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Harit Sharma, Advocate for the petitioner. Kanwaljit Singh Ahluwalia, J. (Oral) A concurrent finding of fact has been recorded by the two Courts below that shop No. 1687 is required by the landlord Fateh Chand for settling his son Sanjeev Kumar. The Courts below have held that Fateh Chand has been carrying on the business of karyana in shop No. 1685 where his son is assisting him. His son being 25 years old is of marriageable age, is required to establish his own business in the premises, on rent with the petitioner-tenant. Mr. Harit Sharma, Advocate, appearing for the Petitioner has stated that the Courts below have not appreciated that the younger brother of Sanjeev Kumar was married and, therefore, as to why the elder son was not married, has not been taken into consideration. Therefore, personal necessity is not made out. Civil Revision No. 6744 of 2008 2 To the observations made by this Court that re-appreciation and re-appraisal of evidence is not permissible while exercising revisional jurisdiction, Mr.Harit Sharma has stated that he is conscious of the limitation of the revisional Court. Therefore, he be permitted to make an alternative prayer. He submits that the petitioner is carrying on the business of Chemist and is carrying on huge inventory and has to recover his investment and, therefore, a sufficient time be granted to vacate the demised premises. He further states that one year time be granted to tenant find out alternative accommodation for setting up his business, otherwise, petitioner-tenant will be ruined and he will not be able to recover his investment. I find merit in this submission. Mr. Sharma further states that in case a one year time is granted to make alternative arrangement, he will not pursue the present revision petition and the same may be dismissed as withdrawn. He further states that he shall abide by any condition imposed by this Court. Accordingly, tenant-petitioner is granted one year time commencing from 1.1.2009 to handover physical vacant possession to the landlord subject to his filing an undertaking in the Court of the concerned Rent Controller that he shall hand over the physical vacant possession on or before 1.1.2010. The undertaking to this effect be furnished in the Court of Rent Controller on or before 7.1.2009. The undertaking shall also contain a condition that entire arrears of rent, if not paid, shall be paid or tendered in the Court or Rent Controller. The rent for each following month shall be deposited on or before 7th of each month. Civil Revision No. 6744 of 2008 3 With acceptance of alternative prayer, as prayed by Mr. Sharma, the present revision petition is dismissed as withdrawn. (Kanwaljit Singh Ahluwalia) Judge December 5, 2008 “DK”