Banarsi Dass vs Smt. Kamla Rani and Others

Jaswant Singh, J.—Petitioner (tenant) is in revision u/s 15(5) of the East Punjab Urban Rent Restriction Act, 1949 against the concurrent findings returned by both the courts below whereby he has been ordered to be evicted by the Rent Controller, Khanna vide order dated 4.6.2009 from the demised premises comprising two rooms measuring approximately 70 square yards on the ground of personal necessity of the landlady and the findings thereof have been affirmed by the learned Appellate Authority, Ludhiana vide order dated 12.11.2012. Petitioner, at the time of first hearing on 15.02.2013 had restricted his prayer for grant of reasonable time to vacate the premises. Accordingly notice of motion was issued.

Learned Counsel for the respondent on instructions from his client submits that although more than six months have already lapsed since issuance of notice by this Court, however, he has instructions to say that the landlady would have no objection if another six months time is granted to the tenant to vacate the premises.

In response petitioner (tenant)-Banarsi Dass accepts the stand of the landlady.

In view of aforesaid agreed stand, this petition is dismissed as not pressed, however, 06 months (six months) time commencing w.e.f. 01.09.2013 is granted to the petitioner-tenant for making alternative arrangement subject to his furnishing an undertaking on or before 07.09.2013 before the Court of learned Rent Controller, Khanna, that he shall hand over actual physical vacant possession of the demised premises to the respondent-landlord by 28.02.2014. The undertaking shall also state that the entire arrears of rent, if any, at the already determined rate i.e. Rs. 100/- shall be cleared and that he shall continue to pay the rent in advance by 7th of each calendar month. Needless to say that any violation of the terms shall entitle the landlord to seek his eviction forthwith with police help, if necessary without recourse to any other remedy besides the petitioner-tenant making himself liable in contempt proceedings.