High Court of Punjab and HaryanaCR/3587/2011dismissed

Jasvir Singh v. Barjinder Singh

2015-01-222 pages

CR No. 3587 of 2011 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CR No. 3587 of 2011 (O&M) Date of Decision : 22.01.2015 Jasvir Singh ....Petitioner

Versus

Barjinder Singh Mann

...Respondent

CORAM:

HON'BLE MR. JUSTICE R.P. NAGRATH

Present:

Mr. Akshay Bhan, Senior Advocate with Mr. Santosh Sharma, Advocate for the petitioner.

Mr. Kunal Mulwani, Advocate for the respondent.

R.P. Nagrath, J. (Oral) Learned senior counsel for the petitioner submits that the petitioner is present in person and at the outset seeks to withdraw the instant petition to challenge the impugned order passed by the Rent Controller.

On instructions from the petitioner, learned senior counsel submits that the petitioner may be given eight months time to vacate the demised premises.

Learned counsel for the respondent has also agreed to the aforesaid prayer made on behalf of the petitioner, granting him eight months time but it is contended that there are certain arrears pending at the agreed rate for the past many years. Otherwise, learned counsel submits that the respondent would agree if the arrears as well as future rent till the date the demised premises is vacated, may be permitted to be deposited at the agreed rate of JITENDER KUMAR 2015.01.27 10:12 I attest to the accuracy and authenticity of this document Chandigarh

CR No. 3587 of 2011 -2rent.

In view of the above, the instant petition is dismissed as withdrawn.

The petitioner is granted time for vacating the premises i.e. by 30th September, 2015, subject to the petitioner depositing upto date arrears of rent by 31st March, 2015. It is also directed that the petitioner would furnish undertaking before the Rent Controller within 15 days from today that he would vacate the premises by 30.09.2015 and that he would deposit the arrears of rent by 31.03.2015 and pay future rent by the 10th of each subsequent month. Failing to comply with any of the above conditions, the respondent would be at liberty to get the eviction order executed apart from initiating proceedings for violating the undertaking and the concession given to him.

Keeping in view the order passed in revision CM NO. 22496-CII of 2014 for grant of mesne profit has become infructuous and the same is disposed of as such. January 22, 2015 ( R.P. NAGRATH ) jk JUDGE JITENDER KUMAR 2015.01.27 10:12 I attest to the accuracy and authenticity of this document Chandigarh