Jasbir Singh v. Sushma Verma And Others

C.R. No. 1577 of 2018

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH C.R. No. 1577 of 2018 Date of decision : 04.05.2018 Jasbir Singh ......Petitioner versus Sushma Verma and ors.

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. M.S. Dua, Advocate for the petitioner.

**** RITU BAHRI , J. (Oral) Petitioner (tenant)-Jasbir Singh has filed the present civil revision against the findings recorded by Ld. Rent Controller, Jalandhar and the Appellate Authority, Jalandhar, vide orders dated 07.04.2017 and 07.02.2018, respectively for ejectment of petitioner under Section 13 of the East Punjab Urban rent Restriction Act, 1949, whereby he has been ordered to be evicted from the demised premises on the ground of personal necessity. A perusal of the impugned order(s) show that the respondentSushma Verma has clearly stated that she is not in possession of any house or shop in the Municipal Corporation of Jalandhar and she required the shop in dispute for her bonafide need as her husband is bed ridden and thus, she wants to start new business in the said shop.

No counter claim was filed by the petitioner on the statement given by respondent-Susham Verma and thus, the impugned orders have rightly been passed against the petitioner.

After arguing at length and having failed to convince the court on merits, learned counsel for the petitioner (tenant) submits that the petitioner be Gaurav Arora 2018.05.23 10:11 I attest to the accuracy and integrity of this document Chandigarh

C.R. No. 1577 of 2018 provided some reasonable time to relocate subject in order to clear all the arrears of rent at the determined rate of rent.

In view of nature of the order being passed, it is not felt necessary to issue notice to the respondent/landlord so as to avoid delay in the matter and to save her from unnecessary litigation expenses. The prayer being reasonable, is accepted.

Accordingly, this petition is dismissed, however, nine months time commencing w.e.f. 04.05.2018 is granted to the petitioner-tenant for making alternative arrangement, subject to furnishing an undertaking on or before 28.05.2018 before the court of learned Rent Controller, Jalandhar that he shall hand over actual physical vacant possession of the demise premises (shop) to the respondent/landlord by 12.02.2019. The undertaking shall also state that he has cleared all arrears of rent and shall continue to pay future rent w.e.f. 04.05.2018 at the rate of Rs. 18000/- per month by 10th of each calender month. Needless to say that any violation of the aforesaid terms shall entitle the landlord to seek her eviction forthwith with police help, if necessary, without recourse to any other remedy besides the petitioner-tenant making himself liable in contempt proceedings.

May 04, 2018 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No Gaurav Arora 2018.05.23 10:11 I attest to the accuracy and integrity of this document Chandigarh