M/s. Bakery and Confectionery and Another vs Paramjit Singh

Jaswant Singh, J.—Petitioner(tenant) is in revision u/s 15(5) of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as

the Act) against the judgment of reversal dated 7.9.2012 passed by the learned Appellate Authority, Chandigarh whereby he has been ordered to

be evicted from the demised premises comprising basement and ground floor of SCO No. 23, Sector 41-D, Chandigarh on the ground of

personal necessity of the landlord. Upon notice respondent(landlord) has put in appearance through his counsel.

Subsequently an application bearing CM No. 5472-CII of 2013 has been filed by the applicant/landlord praying for determination and payment

of mesne profits.

Reply to the aforesaid application has also been filed.

At the time of hearing, the parties who are present in the court have arrived at an amicable settlement. It has been agreed that the

petitioners(tenants) shall retain the demised premises for a further period of four years commencing w.e.f. 1.12.2013 at the payment of future rent

at the rate of Rs. 40,000/- per month plus water and electricity charges etc. It has also been agreed that the entire arrears of rent at the admitted

rate of Rs. 23,094/- plus the aforesaid charges shall be cleared to the satisfaction of the learned Rent Controller.

In view of the aforesaid compromise, it is agreed that the tenant shall withdraw the present revision petition and the landlord would not press his

application for payment of mesne profits.

In view of the aforesaid agreed stand, this petition is dismissed as withdrawn, however, 04 years(four years) time commencing w.e.f.

01.12.2013 is granted to the petitioners-tenants for making alternative arrangement subject to their furnishing an undertaking on or before

24.12.2013 before the Court of learned Rent Controller, Chandigarh that they shall hand over actual physical vacant possession of the demised

premises to the respondent-landlady by 30.11.2017. The undertaking shall also state that the entire arrears of rent, if any, at the determined rate

shall be cleared and that they shall continue to pay the future rent @ Rs. 40,000/- per month for the period of four years time granted to vacate the

demised premises in advance by 10th of each calendar month. It is clarified that the landlord would furnish a bank account number to the tenant for

facilitating the timely deposit of the monthly rent. Needless to say that any violation of the terms shall entitle the landlord to seek their eviction

forthwith with police help, if necessary without recourse to any other remedy besides the petitioner-tenant making himself liable in contempt

proceedings.