IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.2902 of 2008 Date of decision: 5th November, 2008 Ravinder Kumar … Petitioner Versus Prem Lata and others … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. G.S. Jaswal, Advocate for the petitioner. Mr. Ashok Sharma Nabhewala, Advocate for the respondents. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Mr. Jaswal has read the findings of appellate Court below, where it has come in evidence that the landlady is having a 10/11 marlas house at village Dhoot Khurd, which is at a distance of 24/25 kilometers from Hoshiarpur. Mr.Jaswal has stated that at Hoshiarpur, landlady is having only 2 marlas house, whereas 10/11 marlas house in the village is much spacious and therefore personal necessity is not borne out. On observation made by this Court that living in the city is a choice of the landlady and the tenant cannot dictate whether she should continue to remain in the village, where she is occupying a spacious house, Mr.Jaswal has very fairly stated that in view of the findings recorded by the two courts below, he will not be in a position to dislodge them as he is conscious of the fact that this Court cannot re-appreciate and re-appraise the evidence. Accordingly, Mr. Jaswal has modified his prayer and has submitted that he be granted adequate time to make alternative arrangement. Learned counsel has stated that wife of the tenant is not Civil Revision No. 2902 of 2008 keeping a good health and due to ailment, she is admitted n the hospital. It has been further stated that it will cause a hardship to the tenant in case reasonable time is not granted to him. During the course of arguments, a consensus has been formulated between the parties that nine months’ time be granted to the tenant to vacate the premises. Mr.Jaswal has further stated that in case time prayed for is granted, he will not pursue the present petition and the same be dismissed as withdrawn. As agreed between the parties, nine months’ time is granted to the tenant to vacate the premises, subject to filing an undertaking before the Rent Controller that peaceful and vacant possession shall be handed over to the landlady after expiry of nine months. The undertaking shall also contain a condition that the entire amount of arrears of rent shall be paid on or before December 01, 2008. The tenant shall continue to pay the rent in the shape of user and occupation charges till the premises are vacated by him. Rent shall be paid in advance qua each month on or before 7th day of that month. With these observations, as prayed, dismissed as withdrawn. [KANWALJIT SINGH AHLUWALIA] JUDGE November 05, 2008 rps 2