Pankaj Sablok vs Prince Kalia

Jaswant Singh, J.—Petitioner(tenant) is in revision u/s 15(6) of the Haryana Urban (Control of Rent & Eviction) Act, 1973 (hereinafter referred to as the Act), assailing the judgment dated 23.01.2013 passed by the learned Appellate Authority, Panchkula whereby he has been ordered to be evicted from the demised premises comprising shop no. 1, Railway Road, Kalka, District Panchkula on the ground of personal necessity of the landlord, while accepting the appeal of the landlord and setting aside order dated 14.12.2011 passed by the learned Rent Controller, Panchkula dismissing the eviction petition. Upon notice, respondent(landlord) has put in appearance through his counsel.

After arguing for sometime and realizing that the court is not inclined to interfere on merits, learned Counsel on instructions from petitioner(tenant) who is present in person submits that the tenant would not press this petition provided one years time to vacate the demised premises is granted for shifting his business from the premises which is under his tenancy since the last 12 years. Petitioner(tenant) has further tendered an amount of Rs. 6,000/- towards rent for the months of July, August & September 2013 at the rate of Rs. 2000/- pm since the rent for the earlier period stands paid. A sum of Rs. 6,000/- by way of demand draft payable to landlord is tendered in Court.

In response, learned Counsel for the respondent(landlord) on instructions from the landlord has very graciously agreed to grant one years time to vacate and further accepted the said arrears of rent.

In view of the aforesaid agreed stand, this petition is dismissed as withdrawn, however, one year time commencing w.e.f. 01.10.2013 is granted to the petitioner-tenant for making alternative arrangement subject to his furnishing an undertaking on or before 05.10.2013 before the Court of learned Rent Controller, Kalka, that he shall hand over actual physical vacant possession of the demised premises to the respondent-landlord by 30.09.2014. The undertaking shall also state that the entire arrears of rent and charges, if any, have been cleared and that he shall continue to pay the rent and charges at the rate of Rs. 2000/- per month 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.