SANDIP KUMAR Vs. JEEWAN ASHA

JUDGEMENT

(1.) LEARNED counsel for the petitioner states that in view of the categoric finding recorded by the two Courts below that the premises are required for settlement of son Sunil Kumar of the landlady, who is earlier working as an employee with M/s Veer General Store, Sarafan Bazaar, Faridkot, he will not be in a position to assail the finding of personal necessity recorded by the two Courts below. Learned counsel further submits that he may be permitted to make an alternative prayer before this Court that a sufficient time be granted to the petitioner to make alternative arrangement. Learned counsel further states that in case his alternative prayer is accepted, he will not pursue the present revision petition and the same may be dismissed as withdrawn.

(2.) IN the present case, landlady has three sons namely Sunil Kumar, Sanjiv Kumar and Manish Kumar. Landlady has also three shops. In one shop, Manish Kumar is carrying out his business of General Store, whereas Sanjiv Kumar is running a business under the name and style of Sanjiv General Store. Third shop of landlady, as stated in the eviction petition, is required for settlement of her third son Sunil Kumar, who was earlier employed in the shop M/s Veer General Store, Sarafan Bazaar, Faridkot.

(3.) ACCORDINGLY taking overall view the tenant can be granted nine months' time subject to his filing an undertaking that he shall hand over the peaceful vacant possession to the landlady within nine months commencing from 1.1.2009. The undertaking shall also contain a condition that arrears of rent shall be paid on or before 1.1.2009. It shall also be included in the undertaking that the rent for each following month shall be paid or tendered as use and occupation charges on or before 7th of each following month. In case, such an undertaking is filed before learned Rent Controller on or before 1.1.2009, the tenant shall be allowed to remain in the premises for a Period of nine months commencing from 01.01.2009.