IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 40 of 2010 Date of decision: 6.12.2011 Bali Ram Kapoor, son of late Shri Khazana Ram, resident of 24/1, Upper Flats, Boileauganj, Shimla-5. ….Petitioner-Decree Holder/Landlord. Versus 1. Miss Tabasum, d/o late Shri M.K. Khan, presently resident of House No. 206, Ist Floor, Hari Nagar, Mullan-Ka-Jubbar Near Motor Barrier Shimla-5. …Respondent-Judgment Debtor/Tenant 2. Smt. Raveena widow of late Shri M.K. Khan 3. Miss Reshma d/o late Shri M.K. Khan residents of House No. 206, Ist Floor, Hari Nagar, Mullan- Ka-Jubbar Near Motor Barrier Shimla-5. …. Objectors/Respondents. Petition under Article 227 of the Constitution of India read with Section 115 of the Code of Civil Procedure against the orders of the learned Rent Controller(6) dated 11/01/2010 in Case No. 5/10 of 2009 whereby he held the objections filed by respondents 2 and 3 to be maintainable with a view to have the said order set aside. Coram The Hon’ble Mr. Justice Deepak Gupta, J. Whether approved for reporting?1 No. For the petitioner: Mr. Tarlok Chauhan, Advocate. For the respondents: Ms. Shweta Julka, Advocate for respondent No.1. Mr. Ankush Dass Sood, Advocate for respondents No.2 and 3. 1 Whether the reporters of local papers may be allowed to see the Judgment? Yes. 2 Deepak Gupta, J. (Oral) 1. This matter was heard in detail and some interesting questions of law arose in the petition. However, while dealing with the matter, the parties were called and the respondents stated that if they are given reasonable time to vacate the premises they shall not press their objections in the execution petition. The decree holder is also not averse to such proposal, but prays that shorter time may be given. 2. Keeping in view all the facts and circumstances of the case and especially the fact that whatever be the fate of this revision petition some time is likely to be taken in disposing of the execution petition. I am of the considered view that this petition can be disposed of with the consent of the parties on the following terms and conditions:- i. That the order dated 4.4.2007 Annexure P/6 (P-23) shall remain in abeyance till 31st March, 2013; ii. that all the respondents shall file their affidavits in this Court within three weeks from today undertaking therein that they shall vacate the premises on or before 31st March, 2013 and shall handover peaceful possession of the premises to the petitioner-landlord on or before 31st March, 2013; 3 iii. that they shall also in the affidavits undertake not to induct any other person as a tenant nor shall they in any manner create any hindrance in the handing over of the possession to the landlord; iv. that the respondents shall continue to pay rent to the landlord at the agreed rate and to avoid any controversy they shall be at liberty to deposit the rent due on or before 10th of each month in the saving bank account No. 3383000100031091 of the petitioner in the branch of Punjab National Bank, opposite the Himachal Tourism Lift, The Mall Shimla; and v. that the respondents shall also clearly undertake that they understand that in case they do not vacate the premises by 31st March, 2013 then they shall be violating the undertaking given to this Court, which has been duly accepted and as such, will be liable to be punished under the Contempt of Courts Act. In addition thereto, in case the respondents do not vacate the premises on or before 31st March, 2013 then w.e.f. 1st April, 2013 they shall be liable to pay daily damages at the rate of Rs.500/- per day. 3. The petition is disposed of in the aforesaid terms. However, the matter be listed on 3rd January, 2012 for filing of affidavits. (Deepak Gupta) Judge December 6, 2011 (vt)