Janak Raj vs Pyare Lal and Others

Alok Singh, J.—Tenant has filed revision u/s 15(5) of the East Punjab Urban Rent Restriction Act, 1949, assailing the order dated 17.11.2009 passed by the Rent Controller, Malerkotla, as well as order dated 17.3.2010 passed by the District Judge/Appellate Authority, Sangrur, whereby both the Court below have allowed the eviction petition filed by the landlord-Respondent on the ground of personal bona fide necessity.

Learned Counsel for the revisionist-tenant on the instructions of the tenant Sh. Janak Raj, who is present personally in the Court, seeks permission to withdraw this petition. However, on the instructions of Sh. Janak Raj, he undertakes that tenant shall handover vacant peaceful physical possession to the landlord on or before 31.10.2011. He further undertakes on behalf of the Petitioner-tenant that meanwhile Petitioner tenant shall pay mesne profit at the rate of agreed rent on or before 10th day of each and every month.

Learned Counsel appearing for the landlord-Respondent has no objection in it. Learned Counsel for the Respondent-landlord further states that rent/mesne profit upto 31.10.2010 has already been paid.

Present revision petition is dismissed as withdrawn. However, eviction order shall not be executed till 31.10.2011 provided tenant-revisionist furnishes undertaking in the form of affidavit before the Rent Controller within thirty days of the effect that tenant shall handover physical vacant peaceful possession to the landlord on or before 31.10.2011 and shall keep on paying mesne profit at the rate of agreed rent on or before 10th day of each and every month. However, it is made clear, if no such undertaking is furnished before the Rent Controller within 30 days from today or any default in the payment of mesne profit is made, landlord shall be at liberty to get the eviction order executed forthwith.