Amar Inder Singh and Another vs Surinder Kaur

Jaswant Singh, J.—The petitioners/tenants are in revision u/s 15(5) of the East Punjab Urban Rent Restriction Act, 1949 against the order dated 5.10.2012 passed by the learned Appellate Authority, Sangrur whereby the appeal filed by the landlord-respondent against the order dated 27.1.2009 passed by the learned Rent Controller, Malerkotla dismissing the eviction petition of the landlord-respondent, has been allowed and the petitioners have been ordered to be evicted from the demised shop on the ground of personal necessity of the landlord. After arguing for sometime and realising that the Court is not inclined to interfere with the impugned orders, learned counsel for the petitioners on instructions from the petitioners submits that the petitioners have been tenant with the demised shop for the last about 45 years and he would not press this petition provided some reasonable time is granted to the petitioner to make alternative arrangement to shift from the demised shop.

In view of the above, the present revision petition is dismissed as not pressed, however one years'' time commencing from 1.1.2013 is granted to the petitioner/tenant for making alternative arrangement to shift from the demised shop subject to his furnishing an undertaking on or before 31.1.2013 before the learned Rent Controller, Malerkotla that he shall hand over actual, physical, vacant and peaceful possession of the demised shop to the respondent/landlord on or before 31.12.2013. The petitioner shall also clear arrears of rent, if any, at the pre determined rate of rent before 31.1.2013 and the said fact shall also be mentioned in the undertaking that the petitioner has cleared arrears of rent, if any. Further the petitioner shall pay future rent in advance by 10th of every month for the one years'' time granted to him commencing from 1.1.2013. Needless to say that any violation of the aforesaid terms shall entitle the landlord to seek petitioner''s eviction forthwith with police help, if necessary, without recourse to any other remedy besides the petitioner/tenant making himself liable to be hauled up in contempt proceedings.