High Court of Punjab and HaryanaCR/3611/2017disposed of

Surinder Kumar @ Sahil Kumar v. Ravi Nandan @ Ravi Narayan

2017-08-16Mr. Justice S.P. Bangarh2 pages

CR 3611/2017(O&M)

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CR 3611/2017(O&M) Date of decision:16.08.2017 Surinder Kumar @ Sahil Kumar ..............Petitioner v.

Ravi Nandan @ Ravi Narayan ..............Respondent Coram:

Hon'ble Mr.Justice Jaswant Singh Present:- Mr.Anutej Singh Barnala,Advocate for the petitioner/tenant Jaswant Singh,J,(Oral).

Petitioner/tenant is in revision against the concurrent findings recorded by the Courts below whereby eviction petition filed by the respondent/landlord was allowed by the Rent Controller,Moga vide order dated 25.2.2016 and the findings affirmed in appeal by the Appellate Authority,Moga vide order dated 8.3.2017 whereby the tenant has been evicted from the demised shop MC Unit No.1089 on the ground of personal necessity.

After arguing at length and having failed to convince the Court on merits, the learned counsel states that he would not press the instant petition provided some reasonable time is granted. It is submitted that tenancy is 12 years old and petitioner is running a barber shop in the demised premises. Accordingly, prayer is made to grant reasonable time for the petitioner to shift his business to some other place and vacate the premises. It is further submitted that besides clearing the arrears of rent at the admitted rate of Rs.350/- per month, petitioner is also willing to pay future rent at the rate of Rs.700/- per month for the time so granted by this Court.

Rajinder Parshad Joshi 2017.08.16 18:36 I attest to the accuracy and integrity of this document

CR 3611/2017(O&M) Prayer is reasonable and hence accepted.

In view of nature of the order being passed, it is not felt necessary to issue notice to the respondent/landlord so as to avoid delay in the matter and to save him from unnecessary litigation expenses. In view of the above, this petition is dismissed as not pressed, however, 12 months time commencing w.e.f. 01.09.2017 is granted to the petitioner-tenant for making alternative arrangement subject to his furnishing an undertaking on or before 31.08.2017 before the Court of learned Rent Controller, Moga, that he shall hand over actual physical vacant possession of the demised premises to the respondent/ landlord by 31.8.2018. The undertaking shall also state that the entire arrears of rent, if any, at the admitted rate of Rs.350/- per month have been cleared till 31.08.2017 and petitioner shall pay future rent @ Rs.700/- per month w.e.f. 1.

9.2017 to 31.8.2018, by 7th of each calendar month. Needless to say that any violation of the aforesaid terms shall entitle the landlords to seek his eviction forthwith with police help, if necessary without recourse to any other remedy besides the petitioner-tenant making himself liable in contempt proceedings. 16.08.2017 (Jaswant Singh) joshi Judge Whether Speaking/reasoned Yes/No Whether Reportable Yes/No Rajinder Parshad Joshi 2017.08.