High Court of Punjab and HaryanaCR/3219/2015disposed of

M/S Kaka Ram Sardari Lal v. Jamiat Raj Thorugh Lrs. Vishwa Mitter And ORS

2022-12-12Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CR-3219-2015 (O&M) Decided on : 12.12.2022 M/s Kaka Ram Sardari Lal . . . Petitioner

Versus

Jamiat Raj thr. LRs and others . . . Respondents CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. D.V.Sharma, Sr. Advocate with Mr. Manbir Singh, Advocate for the petitioner.

Mr. A.P.S.Sandhu, Advocate for the respondents.

**** MANJARI NEHRU KAUL, J. (Oral) The petitioner-tenant by filing present petition is impugning the order dated 14.02.2008, passed by the Rent Controller, Pathankot vide which its was ordered to vacate the rented premises and order dated 15.02.2013 passed by the Appellate Authority, Pathankot whereby its appeal preferred against the order dated 14.02.2008, was dismissed. Learned senior counsel for the petitioner after arguing for some time, prays for reasonable time to vacate the demised premises so that arrangements could be made for an alternate property in the meantime, more so, since the petitioner-firm had been occupying the demised premises for the last 37 years.

Learned counsel for the respondent on instructions does not oppose the prayer made by counsel opposite for granting reasonable time to the petitioner to vacate the demised premises. In the wake of the prayer made by learned senior counsel, the revision petition is disposed of in the following terms: (i) The petitioner-tenant shall continue to occupy the demised premises from today upto 12.12.2023;

SONIA BURA 2022.12.14 17:27 I attest to the accuracy and integrity of this document

CR-3219-2015 -2- (ii) Petitioner-tenant shall clear all arrears of rent, if any, within a period of four weeks from today and shall continue to deposit the agreed rent by 7th of every month till 12.12.2023, or till he remain in occupation of the premises;

(iii) Petitioner-tenant shall clear all pending electricity and water bills, if any, within two weeks from today, and shall continue to pay those charges till 12.12.2023, or till he vacates the premises;

(iv) Petitioner shall vacate and hand over the actual physical possession of the demised premises, free from all encumbrances, to the respondent/landlord on or before 12.12.2023;

(v) Petitioner shall furnish an affidavit in the above terms before the Rent Controller within two weeks from today, failing which the arrangement set out in this order shall stand vacated and the respondent shall be at liberty to execute the order of ejectment forthwith; (vi) In the event of even a single default, this arrangement shall stand vacated and the respondent shall be free to execute the order of ejectment forthwith and obtain possession and appropriate proceedings for breach of this arrangement shall also be initiated against the petitioner.

Since the main case stands disposed of, pending civil miscellaneous applications, if any, stand disposed of accordingly. 12.12.2022 (MANJARI NEHRU KAUL) sonia JUDGE Whether speaking/non-speaking?

Yes/No Whether reportable?

Yes/No SONIA BURA 2022.12.14 17:27 I attest to the accuracy and integrity of this document