Sham Lal vs Mathra Dass

Kanwaljit Singh Ahluwalia, J.—Landlord-Mathra Dass was 72 years old, when he instituted an eviction petition. One of the grounds pleaded was that the demised residential premises at Barnala was required by the landlord for his personal use and occupation on the ground that after retirement the stay of the landlord with his son at Longowal had resulted into strained relations. Both the Courts below upheld this contention. In the social context, this Court can also understand the averment made by the landlord that his stay with his son and daughter-in-law was causing bickering and the old man was not having peaceful stay while residing with his son. Therefore, this Court is hesitant to come to the rescue of the Petitioner and disturb the well reasoned findings recorded by both the Courts below.

At this stage, Mr. Harkesh Manuja, Advocate appearing for the Petitioner, on instructions from Tejinder Singla son of Sham Lal tenant, has stated that in case sufficient time is granted to make alternative arrangement, he will not press the present revision petition.

Counsel for the caveator-Respondent has stated that he is ready and willing to give reasonable time to the tenant to shift to an alternative accommodation.

During the course of arguments, counsel for the parties have agreed that in case nine months'' time is granted to the Petitioner-tenant to hand over the actual physical peaceful vacant possession of the premises, it will be just and appropriate.

In view of the statements made by counsel for the parties, present revision petition is dismissed as not pressed. However, the Petitioner-tenant is granted nine months'' time to hand over the actual physical peaceful vacant possession of the premises to the Respondent-landlord, subject to his filing an undertaking to this effect in the Court of Rent Controller, Barnala. The undertaking shall further state that the Petitioner shall pay the rent of following months in advance on or before the 7th day of each month and that the entire arrears of rent shall be paid. The undertaking be filed on or before 15th November, 2010.