High Court of Punjab and HaryanaCR/3011/2016disposed of

Surjeet Singh v. Kailash Rani Deceased Th Lrs Rakesh Kumar And ORS.

2017-08-01Mr. Justice Avneesh Jhingan3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Sr. No. 264 Case No. : C. R. No. 3011 of 2016 (O&M) Date of Decision : August 01, 2017 Surjeet Singh ....

Petitioner vs.

Kailash Rani (now deceased through LRs) ....

Respondents CORAM : HON'BLE MR. JUSTICE DEEPAK SIBAL.

* * * Present :

Mr. L. S. Sidhu, Advocate for the petitioner.

Mr. Varun Dhawan, Advocate for Mr. K. R. Dhawan, Advocate for the respondents.

* * * DEEPAK SIBAL , J.

The respondent-landlords had filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 seeking therein the ejectment of the petitioner-tenant from the tenanted premises, which was described in the head-note of the petition.

Vide order dated 27.02.2015, the Rent Controller, Moga, while allowing the petition, ordered the eviction of the petitioner from the tenanted premises. The appeal preferred by the petitioner against the aforesaid order passed by the Rent Controller, Moga was dismissed by the Appellate Authority through its order dated 28.01.2016. It is in these circumstances that the petitioner has approached this Court through the

present petition.

Counsel for the petitioner, after arguing the matter for sometime and having received no favourable response from the Court, submitted that he would not press the revision petition on merits provided that some reasonable time is granted to the petitioner to make alternate arrangements to shift from the tenanted premises. On the above prayer, notice of the petition was issued to respondents.

Counsel for the respondent-landlords submits that subject to the petitioner filing an affidavit in this Court, he may be granted time up to 27.02.2018 to vacate the premises, of course, subject to clearing of arrears of rent, as also payment of future rent.

The required affidavit dated 01.08.2017 has been filed in the Court, through which the petitioner has undertaken to vacate the tenanted premises on or before 27.02.2018; clear arrears of rent and further pay monthly rent for the period that the petitioner occupies the tenanted premises. The aforesaid affidavit is ordered to be taken on record as Annexure Mark-A.

In view of the above, the petitioner is permitted to occupy the tenanted premises till 27.02.2018, of course subject to payment of any arrears of rent, as also rent for the period that the petitioner occupies the tenanted premises. Such rent shall be paid in advance by the 7th of each month.

It is further directed that the petitioner shall remain bound by

the terms contained in the affidavit filed by him in Court (Annexure MarkA) and in the event of any violation of the terms of the affidavit, the respondent-landlords would be entitled to seek the petitioner's eviction from the tenanted premises forthwith with police help, as also to initiate against the petitioner proceedings under the Contempt of Courts Act, 1971. Subject to the above terms, the petition stands dismissed. ( DEEPAK SIBAL ) JUDGE August 01, 2017 monika Whether speaking/reasoned ?

Yes.

Whether reportable ?

No.