R.L.ANAND,J - (1.) I have heard the learned counsel for the parties and with their assistance have gone through the records of this case. This court is of the opinion that a case of sub-tenancy is not made out but definitely a case of personal necessity is made out in favour of the landlady Smt. Agya Wanti. Concurrent finding of fact with regard to bonafide necessity based on proper appreciation of evidence cannot be disturbed in revision though an effort was made by the learned counsel for the petitioners that the landlady is occupying the ground floor; she is quite comfortable there and her need is not bonafide. I am not convinced with the argument raised by the learned counsel for the petitioners because Smt. Agya Wanti has two sons, grandsons and one daughter, who has also her children. The need of the landlady is not supposed to be seen for her individual comforts but for the comforts of her family members who are supposed to visit her frequently, especially in her old age. In these circumstances, it has been rightly held by the Rent Controller and the Appellate Authority that the need of the landlady is bonafide.
(2.) RESULTANTLY , I affirm the finding of the Appellate Authority so far as the bonafide necessity is concerned. Faced with this difficulty, the learned counsel for the petitioners submitted in the alternative that some reasonable time may be given to the petitioners to vacate the demised premises. On the contrary, the learned counsel for the respondent submitted that this revision is pending in the Hon'ble High Court since 1994. The tenants have already availed sufficient time. I have applied my mind to the contentions raised by the learned counsel for the parties in this behalf. In modern times, especially in Chandigarh to get premises on rent, whether residential or non-residential, is an uphill task, therefore, keeping in view the fact that Smt. Kamlesh Soni is an old lady, I grant her one-year time to vacate the demised premised subject to the condition that the tenants shall pay all the arrears of rent to the landlady within one month from today and they shall go on paying the rent for future also. They shall also furnish an affidavit before the executing Court that they shall not let out or hand over the possession of the demised premises to anybody else and after the expiry of one year they shall only hand over the possession of the demised premises to the landlady. If any violation of this Order is made by the petitioners, it will be open to the landlady to file an execution application and get the possession of the premises according to law. There shall be no order as to costs. Order accordingly.;