Gurcharan Singh Aneja vs Dharambir Tondon

Rakesh Kumar Garg, J.—Petitioner-tenant and the respondent-landlord are present in Court along with their counsels. This is tenant''s revision petition, challenging the order dated 28.10.2011 of the Rent Controller, Chandigarh, whereby his eviction has been ordered from the demised premises on the ground of bona fide need of the respondent-landlord and the judgment dated 15.11.2012 of the Appellate Authority, Chandigarh, dismissing his appeal against the order of eviction passed by the Rent Controller.

The Courts below, on appreciation of the evidence on record, have recorded a concurrent finding that the respondent-landlord requires the demised premises for his bona fide personal necessity.

Even before this Court, learned counsel for the petitioner has remained unsuccessful to challenge the aforesaid findings by pointing out any material irregularities.

Faced with the aforesaid situation, counsel for the petitioner has submitted that petitioner is ready to hand over the vacant possession of the demised premises to the respondent-landlord, if sufficient time is given to him.

Learned counsel for the petitioner, on instructions from the petitioner who is present in Court, has further stated that the petitioner shall pay usual monthly rent upto the date of handing over of the vacant possession of the demised premises to the respondent-landlord as charges for the use and occupation of the same. Learned counsel has further stated that the petitioner shall hand over the vacant possession of the demised premises to the respondent-landlord on or before the expiry of the time granted by this Court. He further stated that the petitioner shall file an undertaking before the Rent Controller in this regard.

Thus, keeping in view the submissions made, the revision petition is dismissed, on merits. However, the petitioner is granted nine months'' time, i.e. upto 13.05.2014, to hand over the vacant possession of the demised premises to the respondent-landlord, subject to payment of rent etc., as stated above and also furnishing of an undertaking of the petitioner before the Rent Controller within one month from today to hand over the vacant possession of the demised premises on or before the expiry of the stipulated period i.e. upto 13.05.2014.

It is made clear that the petitioner shall be bound by the submissions made on his behalf by his counsel before this Court. In case of non-compliance of the order passed by this Court, the petitioner shall also be liable for initiation of contempt proceedings for contempt of this Court in addition to the execution of the eviction order.