JUDGMENT

Mr. Harkesh Manuja, J.

By way of present revision petition, challenge has been laid at the instance of petitioner-tenant to the eviction orders dated 21.04.2022 and 08.09.2022 passed by the courts below, arising out of the proceedings initiated at the instance of respondents-landlord, seeking eviction on the grounds of arrears of rent.

2. The facts of the present case are that the respondents-landlord filed an eviction petition invoking Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (for short, "1973 Act") against petitioner-tenant for eviction from the tenanted premises bearing No.206, 2nd floor, Time Square Building, Sushant Lok, Phase- 1, Gurugram, measuring 3129 Square feet, on the ground of non-payment of arrears of rent. It was pleaded in the eviction petition that the tenanted premises was rented out in favour of petitioner-tenant vide lease deed dated 03.02.2020, for a period of 12 years with rent @ Rs. 2,12,772/- per month, besides the payment of GST. A period of four months was given as a free period (i.e. 03.02.2020 to 05.06.2020) to the petitioner-tenant for the purpose of setting up of his machinery etc. Since, the arrears of rent were not being paid, respondents-landlord filed an eviction petition on 07.07.2021 against petitioner-tenant on account of non-payment of rent w.e.f. 16.06.2020 to July, 2021, besides non-payment of GST & maintenance charges.

3. The petitioner filed his written statement before the learned Rent Controller on 25.10.2021, admitting the tenancy as well as the execution of lease deed, including the rate of rent, though submitted that the non-payment of rent was on account of Covid-19 pandemic. Learned Rent Controller vide its order dated 06.04.2022 made provisional assessment of rent by directing the petitioner-tenant to tender rent amounting to Rs. 34,44,138/- on or before 21.04.2022. Admittedly, order dated 06.04.2022 was never challenged by the petitioner who even failed to deposit the arrears of rent thereby resulting into an ejectment order dated 21.04.2022, passed by the learned Rent Controller. Aggrieved thereof, the petitioner-tenant filed first appeal before the appellate authority on 01.06.2022, however, the same was also dismissed vide order dated 08.09.2022. It is the aforesaid two orders, which have been impugned by way of present revision petition.

4. Notice of motion was issued by this Court vide order dated 19.09.2022, which reads as under:-

"Learned counsel for the petitioner submits that his client shall clear all the arrears of rent from 16.06.2020 to 31.08.2022 minus the amount already paid as rent by second week of October, 2022. He further submits that a deposit of Rs. 30 lakhs shall be made by his client on or before 23.09.2022.

Notice of motion, so as to explore the possibility of settlement between the parties.

At this stage, Mr. Aditya Jain, Advocate accepts notice on behalf of the respondents. He prays for two days' time to seek instructions in this regard from his clients and make submissions.

List on 26.09.2022.

Mr. Jain submits that he has already filed his caveat application in the present revision petition along with his power of attorney on behalf of the respondents and submits that as per the instructions from his clients, they will not execute the decree till the next date of hearing.

To be