1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No. 7337 of 2010 Date of Decision: 08.11.2011 *** Mohinder Kumar Singla .. Petitioner VS. Lt. Col. Om Parkash Gupta .. Respondent CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR, Present:- Mr. Ashok Jindal, Advocate for the petitioner. Mr. Ashok Singla, Advocate for the respondent. ARVIND KUMAR, J. This is tenant's revision against the judgment dated 25.8.2010 passed by the appellate Court below, by dint of which his ejectment from the house in question, has been ordered, though the same relief was declined by the learned Rent Controller by virtue of judgment dated 13.6.2007. The respondent filed an eviction petition, seeking ejectment of the petitioner-tenant from the house in dispute on the ground of personal necessity, the suit property being unfit and unsafe for human habitation and impairment of its value and utility by the tenant. The learned Rent Controller non-suited the landlord, however, on an appeal by the landlord, the learned appellate Court below, as noticed above, ordered the ejectment of the tenant on the ground of personal necessity of the landlord and he was directed to hand over the vacant possession thereof within two months. Hence, this civil revision. On November 11,2010 when notice was issued to the landlord, the dispossession of the petitioner was stayed subject to payment of the entire arrears. On October 31,2011 the case was heard and the following order 2 was passed:- “Present petitioner is a tenant and the ejectment order has been passed by the Appellate Authority, Fatehgarh Sahib. Learned counsel for the petitioner after arguing for some time, when did not convince this Court, seeks time to take instructions from his client with regard to the vacation of the premises, for which learned counsel appearing for the respondent-landlord does not have any objection. List again on 08.11.2011...:” Today, an affidavit of the petitioner Mohinder Kumar Singla has been filed in the Court wherein an undertaking has been given to vacate the premises in question on 31.1.2013. Learned counsel for the respondent-landlord has no objection in this regard. In view of this, the impugned judgment is modified only to the extent that the petitioner will hand over the vacant possession of the premises in question to the landlord-respondent on or before 31.1.2013, in all eventualities. Meanwhile, the petitioner shall keep on making the payment of rent, as assessed by the learned Rent Controller, to the landlord, before 10th of every month. Needless to say that in case of any deviation from the undertaking, apart from other legal consequences, the petitioner shall be liable to pay mesne profits @ Rs.4,000/- per month from June, 2007 till the date of vacation of the house in question. Civil revision stands disposed of accordingly. (ARVIND KUMAR) JUDGE November 08,2011 Jiten