Vijay Kumari vs Mohan Singh Parmar

Jaswant Singh, J.—Tenant is in revision u/s 15(5) of the East Punjab Urban Rent Restriction Act, 1949 aggrieved against the order dated 22.12.2010 passed by the learned Rent Controller, Mohali, whereby she has been ordered to be ejected from the demised premises on the grounds of non-payment of rent and personal necessity of the landlord. At the time of hearing on 21.11.2012, the learned counsel for the petitioner/tenant prayed for time to seek instructions in respect of time to vacate the demised premises.

Today, at the time of hearing, learned counsel for the petitioner/tenant, on instructions from the petitioner, submits that she would not press this revision petition provided time uptil 30.11.2013 is granted to make alternative arrangement to shift her residence.

The learned counsel for the landlord/respondent graciously agrees to the aforesaid proposal made by the petitioner/tenant. Further, the learned counsel for the respondent/landlord has also stated at the Bar that respondent/landlord has further agreed to forego arrears of rent upto 31.12.2012.

The prayer on behalf of the petitioner/tenant being just and reasonable and more so in view of the consent on behalf of the landlord is liable to be accepted.

Accordingly, the present revision petition is dismissed as not pressed, however, 1 year''s time commencing from 1.12.2012 is granted to the petitioner/tenant for making alternative arrangement subject to her furnishing an undertaking on or before 31.12.2012 before the Court of learned Rent Controller, Mohali that she shall hand over actual, physical, vacant and peaceful possession of the demised premises to the respondent/landlord by 30.11.2013. The undertaking shall also state that with effect from 1.1.2013 the petitioner shall pay monthly rent @ Rs. 3500/- in advance by 7th of each calendar month. Needless to say that any violation of the terms shall entitle the landlord to seek her eviction forthwith with police help, if necessary, without recourse to any other remedy besides the petitioner/tenant making herself liable to be hauled up in contempt proceedings.