JAGDISH LAL Vs. PARMA NAND

JUDGEMENT

(1.) Leave granted.

(2.) The appellant is the tenant of the shop in question under a lease dated 21-3-1982 executed by the respondent in his favour, under which the shop was let out for the business of Maniyari ((General Merchant) Readymade and Cloth Merchant) on a monthly rent of Rs. 600/-. On 15th June, 1987, the respondent filed a petition under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (for short, the "Act"), for eviction of the appellant on several grounds, including the arrears of rent structural alteration, bona fide need and changing the user of the shop for which it was let out. This application was allowed by the Rent Controller by his order dated 25th March, 1995 only on the ground of change of user of the shop. The other grounds, namely, the grounds relating to arrears of rent, structural alterations and genuine need of the landlord were rejected. The appellate authority before whom an appeal was filed by the present appellant dismissed the appeal by judgment dated 4th April, 1998 and upheld the judgment passed by the Rent Controller. The Revision filed thereafter in the High Court was dismissed on 25th May, 1998.

(3.) Learned counsel appearing for the respondent has raised a preliminary objection that since the appellant had given an undertaking before the High Court that he would vacate the shop in question by a specific date provided he was granted time for that purpose, the present appeal is not maintainable. The relevant portion of the High Court judgment which relates to this undertaking is reproduced below: