High Court of Punjab and HaryanaCR/2548/2017disposed of

Harbans Singh v. Lajya Vati And ANR

2017-07-06Mr. Justice S.P. Bangarh2 pages

Manoj Kumar 2017.07.08 11:52 CM No.13837-CII of 2017 and #1# CR No.2548 of 2017

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH CM No.13837-CII of 2017 and CR No.2548 of 2017 Date of Order: 06.07.2017 Harbans Singh ....Petitioner

Versus

Lajya Vati and Anr.

....Respondents CORAM: HON'BLE MR. JUSTICE JASWANT SINGH

Present:

Mr. R. Kartikeya, Advocate for the petitioner. JASWANT SINGH, J (ORAL) Tenant is in civil revision assailing the concurrent findings recorded by the learned Rent Controller, Dasuya vide order dated 13.2.2014 duly affirmed by the learned Appellate Authority, Hoshiarpur vide order dated 07.1.2017 whereby the petitioner has been ordered to be evicted from the demised premises fully described in the rent application on the ground of personal necessity.

This Court while hearing the case on 19.5.2017 did not agree with the petitioner on merits, therefore, on the prayer of the petitioner for filing an undertaking qua time needed to re-locate, the case was adjourned. Now, an application bearing CM No.13837-CII of 2017 has been filed whereby an affidavit dated 03.7.2017 of the petitioner has been sought to be tendered wherein a request for 12 months' time for vacating the premises has been made.

Aforesaid application is allowed. Affidavit is taken on record.

CM No.13837-CII of 2017 and #2# CR No.2548 of 2017 In view of the aforesaid, this petition is dismissed as not pressed, however, one year time commencing w.e.f. 01.08.2017 is granted to the petitioner-tenant for making alternative arrangement subject to his furnishing an undertaking on or before 27.7.2017 before the Court of learned Rent Controller, Dasuya, that he shall hand over actual physical vacant possession of the demised premises to the respondent landlord by 31.7.2018. The undertaking shall also state that the entire arrears of rent, if any, at the already determined rate shall be cleared and that they shall continue to pay the rent in advance by 7th of each calendar month. Needless to say that any violation of the terms shall entitle the landlord to seek their eviction forthwith with police help, if necessary without recourse to any other remedy besides the petitioners-tenants making themselves liable in contempt proceedings.

July 06, 2017 (JASWANT SINGH) manoj JUDGE Whether speaking/reasoned:

Yes/No Whether Reportable : Yes/No