Pushpa Devi and Others vs Kishni Devi and Others

Kanwaljit Singh Ahluwalia, J.

Civil Misc. No. 11804-CII of 2010

There was a delay of 516 days in filing the revision petition. Notice of the present application for condonation of delay was issued. Counsel for the non applicant-Respondents has very fairly stated that they want to put an end to the relationship of landlord-tenant in a very graceful manner and shall pursue the amicable settlement with the tenant-Petitioners.

Counsel for the applicant-tenant-Petitioners has stated that in case one-and-a-half-years'' time is granted to them to make an alternative arrangement, they will hand over the peaceful vacant possession of the premises to the landlord-Respondents.

To this offer made by counsel for the applicant-tenant-Petitioners, counsel for the landlord-Respondents has no objection. However, he has stated that interest of the landlord be protected and the tenants be called upon to furnish an undertaking to this effect. Counsel for the landlord-Respondents has further submitted that the tenant Petitioners should pay the entire arrears of rent and the rent of each month should be paid in advance.

Counsel for the applicant-tenant-Petitioners has stated that they are ready and willing to furnish the undertaking and pay the arrears of rent.

Accordingly, in view of the compromise arrived at between the parties, present application is allowed. The delay in filing the revision petition is hereby condoned and the revision petition is taken up on board.

Civil Revision No. 1321 of 2009

In view of the order passed in the application for condonation of delay, wherein the compromise arrived at between the parties has been noticed, the tenant-Petitioners are granted one-and-a-half-years'' time to hand over the actual physical peaceful vacant possession of the premises in question to the landlord-Respondents, subject to their filing an undertaking to this effect in the Court of Rent Controller, Bhiwani. The undertaking shall further state that the Petitioners shall pay the rent of following months in advance on or before the 7th day of each month and that the entire arrears of rent shall be paid. The undertaking be filed on or before 15th December, 2010.

With the observations made above, present petition is disposed of.