CR 166 of 2008. 18.9.2008 Present: Mr. K.D.Sood, with Mr. Sanjeev Sood, counsel for the petitioner. Mr. Y.P.Sood, counsel for the respondents. This is the tenant’s revision against the order passed by the learned Appellate Authority affirming the judgment and order of the learned trial Court ordering eviction of the petitioner herein. The learned Rent Controller had ordered the eviction of the petitioner herein on the ground that the premises were required bonafide by the landlord for the purposes of reconstruction and rebuilding which could not be carried out without the premises being vacated. The learned Appellate Authority, on reappreciation of the entire evidence on record, concluded that the need of the landlord was bonafide and the petition was not actuated by malafides nor was there any material on record to show/ justify that the landlord was actuated by malice or was not entitled in law for the relief as prayed for. -2- I have gone through the judgment of both the Courts below and am not persuaded to take a different view that there has been perversity either in the appreciation of evidence or the conclusions arrived at. This revision petition is accordingly dismissed. With the consent of the parties, the following order is passed: (a) that the order of eviction shall remain stayed for a period of one year from today i.e. up to 30.9.2009. This will be subject to the petitioner undertaking: (i) that vacant and peaceful possession of the premises shall be delivered to the landlord on or before 30.9.2009; (ii) that the tenant shall not either himself or through any member of his family, relative, relation, agent attorney or any person whatsoever commit such act(s) or cause to be committed such act which will obstruct the delivery of vacant possession of the premises on the date as agreed to hereinabove. The premises will not be leased, rented, charged with any encumbrance or in any manner dealt with which creates hindrance in the delivery of vacant and peaceful possession of the premises to the landlord; (iii) that the petitioner herein shall continue to pay use and occupation -3- charges which would be the rent being charged by the respondent landlord. Such rent shall be paid on or before 10th of every month; (iv) An undertaking shall be filed by the petitioner – tenant to the effect that in case of breach of any of these conditions and in case vacant and peaceful possession is not delivered on or before 30.9.2009, he shall be liable for proceedings under the Contempt of Courts Act including any other proceedings which may be instituted against him in law. (v) The premises will be kept in good repair by the tenant. (vi) An affidavit agreeing and undertaking to all the conditions set out herein shall be filed by the tenant petitioner within eight weeks. He will undertake that in case of breach of any of the conditions stipulated above, the eviction order shall become executable forthwith. The revision petition is disposed of accordingly. Pending application(s) shall stand disposed of. September 18, 2008 (PC). (Dev Darshan Sud), J.