Shri Mool Chand vs Shri Hari Narain and Others

Mahesh Grover, J.—Learned Counsel for the Petitioner on instructions from his client states that he does not wish to press the present revision petition in the eventuality of some time being granted to him to vacate the premises. He further states that period of one year from the date of filing of this petition be considered to be an appropriate period to enable him to vacate the premises.

Learned Counsel for Respondents states that the period specified by the Petitioner is on the higher side and should be reduced. After hearing learned Counsel for the parties, the petition is dismissed as withdrawn with the following observations:

i) that the Petitioner shall furnish undertaking before the Rent Controller within a period of four weeks from today undertaking to vacate the premises in question and hand over the physical possession of the shop in question to the Respondent till 1.6.2011.

ii) That the Petitioners shall restore the possession of the premises in question to the Respondent without any damage to the property and he shall not make any alteration or addition in the property and also continue to pay the rent at the agreed rate by the 7th of each month and shall also pay all the arrears, if any, on account of rent or any other terms of the tenancy while furnishing the undertaking before the Rent Controller.

That the Petitioners shall also record in the undertaking that he would be bound by the terms of such an undertaking and shall not make any attempt to wriggle out of the same.

The undertaking shall be furnished within a period of four weeks from today. No indulgence shall be shown to the Petitioner in the eventuality of the terms of the order being violated or not complied with. The Petitioner shall hand over the physical vacant possession of the premises in question to the Respondent on or before 1st June 2011. The keys of the premisses shall be handed over to the Respondents before the Executing Court on the said date at 10:00 a.m.