Mohinder Pal v. Jaswant Singh Grewal

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CR No. 4253 of 2014 (O&M) Date of Decision : 06.02.2015 Mohinder Pal ....Petitioner

Versus

Jaswant Singh Grewal ....Respondent

CORAM:

HON'BLE MR. JUSTICE R.P. NAGRATH 1.

Whether Reporters of the local papers may be allowed to see the judgment?

2.

To be referred to the Reporters or not?

3.

Whether the judgment should be reported in the digest?

Present:

Mr. Ravinder Singh, Advocate for the petitioner.

Mr. Roshan Lal Sharma, Advocate for the respondents.

R.P. Nagrath, J. (Oral) CM No. 685-CII of 2015 The instant application has been filed under Section 151 CPC seeking preponment of the date in CR No. 4253 of 2014. As agreed by the counsel for the parties, the main revision is taken on board for hearing today itself. The instant revision is against the finding of the Courts below whereby learned Rent Controller has ordered the eviction of the petitioner from the demised premises which has been affirmed by the Appellate Authority. Both the parties are stated to be present in person.

When the matter was listed on 18.09.2014, this Court

-2observed that learned counsel for the petitioner without disputing the findings on merits, confined his prayer qua grant of time for vacating the demised premises.

Learned counsel for the petitioner, however, submits that the petitioner may be granted time to vacate the premises upto 30.06.2015.

Learned counsel for the respondent on instructions from the respondent has also agreed to the aforesaid concession of granting time to the petitioner. It is, however, submitted that arrears of rent are due from 01.04.2011.

On the previous date learned counsel for the petitioner submitted that a cheque was handed over to the respondent but now it is submitted that the cheque has since returned. The learned counsel for respondent, however, disputed the above contention.

In view of the above, the instant petition is dismissed. The petitioner is granted time to vacate the demised premises by 30.06.2015. He is also directed to deposit upto date arrears of rent before the Rent Controller within one month i.e. by 10.03.2015 and an undertaking before the Rent Controller within two weeks i.e. by 23.02.2015 to the effect that he would make the payment of entire arrears by 10.03.2015 and vacate the premises by 30.06.2015. The petitioner would keep on paying the future rent by the 10th of each subsequent months. Failing to comply with any of the aforesaid conditions, the respondent would be at liberty to execute

-3the eviction order apart from initiating proceedings for breach of the undertaking given today in this Court.

February 06, 2015 ( R.P. NAGRATH ) jk JUDGE