A.K. Confectioners vs Bhajan Kaur

Kanwaljit Singh Ahluwalia, J.—In the present case, Respondent/landlady has sought eviction of the Petitioner/tenant from the demised premises on the ground that the same is required by her for running a boutique. Both the Courts below gave a finding of fact that the premises indeed is required by the landlady. The contention raised by learned Counsel for the Petitioner that after the death of her husband, she got Rs. 27,00,000/ - as compensation and having two daughters, who are married and settled abroad and her mother-in-law is not dependent upon her, thus, there is no need for her to run the business of boutique, was rejected.

Learned Counsel for the Respondent has reiterated same arguments before this Court, as were raised before both the Courts below, on the observation made that a successful woman can have an ambition to become an entrepreneur. Learned Counsel for the Petitioner submits that he will not be able to dislodge the observation made, in view of the concurrent findings, recorded by both the Courts below.

At this stage, learned Counsel for the Petitioner submits that he will not press the present petition in case sufficient time is granted to him to make an alternative arrangement. He further submits that the Petitioner is running a confectionery shop, having a huge inventory for which sufficient time is required to clear the goods.

Mr. Nitin Thatai, Advocate, who has tendered power of attorney on behalf of the landlady, has submitted that he will readily accept the offer made by learned Counsel for the Petitioner.

Learned Counsel for the parties, during the course of arguments, have agreed that a period of one year be granted to the Petitioner to handover actual physical vacant possession of the demised premises to the landlady.

In the facts and circumstances of the case, this Court is of the view that due sanctity ought to be given to the consensus arrived at between the parties.

Hence, as prayed, the present revision petition is dismissed as not pressed.

However, a period of one year, commencing from 1.11.2010, is granted to the Petitioner/tenant to make an alternative arrangement subject to his furnishing an undertaking to the Court of Rent Controller, Chandigarh, that he will hand over actual physical vacant possession of the demised premises to the Respondent/landlord. The undertaking will also state that the rent due for following months shall be paid on or before 7th of each month. The entire arrears of rent, if any, shall be deposited in the Court of Rent Controller, Chandigarh, by 1.11.2010.