Mohinder Pal vs Agya Ram Atma Ram H.U.F. and Another

Kanwaljit Singh Ahluwalia, J.—Both the Courts below have ordered eviction of the petitioner/tenant on the ground that he has failed to pay the arrears of rent and respondent No. 2 Shamsher Singh was inducted as sub tenant by him.

The petitioner, while appearing as a witness, admitted that he has shifted his business to another place in the city and the tenanted shop is being run by Shamsher Singh. A reliance is placed on the partnership deed, Ex.R2, a perusal whereof reveals that the petitioner was having 25% share and Shamsher Singh was having 75% share in the business. For all intent and purposes, Shamsher Singh was running the shop which was initially given on rent to the petitioner on 1.5.1980 at the rate of Rs. 40/ - per month. The petitioner and Shamsher Singh also admitted that the petitioner was taking Rs. 2,000/ - per month from Shamsher Singh. The concurrent finding of fact, given by both the Courts below that Shamsher Singh was sub tenant, is sought to be assailed in the present revision petition.

During the Course of arguments, Learned Counsel for the petitioner submits that he will not pursue the present revision petition and shall hand over actual physical vacant possession of the demised premises to the respondent/landlord, provided he is granted some reasonable time to make an alternative arrangement as he is having a huge inventory.

This Court is of the view that an alternative prayer made by Learned Counsel for the petitioner is accepted and in case the petitioner is granted eight months'' time to hand over actual physical vacant possession of the demised premises to the respondent/landlord, it will serve the ends of justice.

Accordingly, as prayed, the present revision petition is dismissed as withdrawn.

However, a period of eight months, commencing from 1.9.2010, is granted to the petitioner/tenant to make an alternative arrangement, subject to his furnishing an undertaking to the Court of Rent Controller, Pathankot, that he shall 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, Pathankot. The undertaking and the arrears be deposited in the Court of Rent Controller, Pathankot, on or before 15.9.2010.