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High Court of Punjab and HaryanaCR/372/2015dismissed

Birbal Kumar v. Kulwant Rai

2015-03-26Mr Justice Rakesh Kumar Jain2 pages

Civil Revision No. 372 of 2015 (O&M) -1- In the High Court of Punjab and Haryana at Chandigarh Civil Revision No. 372 of 2015 (O&M) Date of Decision: 26.3.2015.

Birbal Kumar .......Petitioner

Versus

Kulwant Rai .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA

Present:

Mr. R.S.Bajaj, Advocate, for the petitioner.

Mr. Malkeet Singh, Advocate for the respondent.

**** SABINA, J.

Respondent had filed the petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 seeking ejectment of the petitioner. The learned Rent Controller vide order dated 30.11.2013 allowed the ejectment petition. The said order was upheld by the Appellate Authority vide judgment dated 16.12.2014. Hence, the present petition by the petitioner-tenant. After arguing for sometime, learned counsel for the petitioner has submitted that he does not press the revision petition on merits and prayed that the petitioner be granted six months time to vacate the demised premises as he was in possession of the premises in question for a number of years and the shop in question was the only source of livelihood of the petitioner.

The said request has not been opposed by the learned counsel for the respondent.

GURPREET SINGH 2015.04.06 11:34 I attest to the accuracy and authenticity of this document Chandigarh

Civil Revision No. 372 of 2015 (O&M) -2In view of submissions made by the learned counsel for the parties, this revision petition is dismissed on merits. However, the petitioner is granted six months time from today to vacate the demised premises i.e. on or before 30.9.2015. This order shall operate subject to filing of an undertaking by the petitioner in this regard before the learned Rent Controller within 15 days from the date of receipt of certified copy of this order and on making payment of rent/mesne profits as assessed by the Appellate Court, if any due, within a period of 4 weeks from today and shall also keep on paying the rent/mesne profits of ensuing months up to 30.9.2015 to the respondent on or before 10th of each calendar month.

(SABINA) JUDGE March 26, 2015 Gurpreet GURPREET SINGH 2015.04.06 11:34 I attest to the accuracy and authenticity of this document Chandigarh