HARISH KUMAR Vs. MAJOR KAMAL KISHORE SINGH

JUDGEMENT

(1.) (Oral) Tenant ? revisionist has invoked revisional jurisdiction under Section 15(5) of the East Punjab Urban Rent Restriction Act (hereinafter referred to as the Act) assailing the order dated 04.11.2009 passed by the learned Rent Controller, Chandigarh, as well as, order dated 10.08.2010 passed by the learned Appellate Authority, Chandigarh, thereby directing eviction of the tenant from the demised premises. Learned counsel, appearing on behalf of the tenant, on the instructions of the tenant, states that present petition be dismissed as not pressed. He further states that time to vacate the property be granted to the tenant till 15.04.2011 on the ground that son of the tenant is studying in the nearby school and his academic session shall be over by 31st March, 2011. He undertakes that tenant shall hand over vacant peaceful physical possession to the landlord on or before 15.04.2011. He further undertakes that meanwhile tenant ? revisionist shall pay the market rent at the rate of Rs.7000/- per month to the landlord. He further undertakes that all the arrears shall be paid to the landlord within two weeks from today. Mr. S.S. Bains, learned counsel, appearing on behalf of the caveator-respondent has no objection if time to vacate the property is granted to the tenant till 15.04.2011. Petition is dismissed as not pressed. However, accepting the undertaking furnished by the learned counsel for the tenant ? revisionist, it is directed that eviction order shall not be executed against the tenant-revisionist till 15.04.2011. Tenant shall handover vacant peaceful physical possession to the landlord on or before 15.04.2011. Tenant shall also pay arrears of rent at the rate of Rs.7000/- per month from the date initial eviction order was passed by the learned Rent Controller within two weeks from today. Tenant ? Revisionist shall keep on paying the rent at the rate of Rs.7000/- on or before 10th day of each and every month. Tenant shall furnish written undertaking before the learned Rent Controller within two weeks from today. It is made clear if no undertaking is furnished or any breach is committed as observed hereinabove, the eviction order can be executed forthwith.