High Court of Punjab and HaryanaCR/5079/2017disposed of

Chaman Lal v. Ajay Kumar & ANR

2017-08-02Mr. Justice S.P. Bangarh2 pages

CR 5079/2017(O&M)

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CR 5079/2017(O&M) Date of decision:02.08.2017 Chaman Lal ..............Petitioner v.

Ajay Kumar and another ..............Respondents Coram:

Hon'ble Mr.Justice Jaswant Singh Present:- Mr.Namit Gautam,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 respondents/landlords was allowed by the Rent Controller,Jalandhar vide order dated 10.8.2016 and the findings affirmed in appeal by the Appellate Authority,Jalandhar vide order dated 13.7.2017 whereby the tenant has been evicted from the demised shop No.86,Nehru Garden Road,Jalandhar City 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 of the year 1987 and petitioner is carrying out the business of spare parts of tractors. Accordingly, prayer is made to grant 9 months' 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.200/- per month, petitioner is also willing to pay future rent at the rate of Rs.1000/- per month for the the period of 9 months, Rajinder Parshad Joshi 2017.08.03 10:34 I attest to the accuracy and integrity of this document

CR 5079/2017(O&M) so granted by this Court.

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 respondents/landlords so as to avoid delay in the matter and to save them from unnecessary litigation expenses. In view of the above, this petition is dismissed as not pressed, however, nine months time commencing w.e.f. 01.08.2017 is granted to the petitioner-tenant for making alternative arrangement subject to his furnishing an undertaking on or before 17.08.2017 before the Court of learned Rent Controller, Jalandhar, that he shall hand over actual physical vacant possession of the demised premises to the respondents/ landlords by 30.04.2018. The undertaking shall also state that the entire arrears of rent, if any, at the admitted rate of Rs.200/- per month have been cleared till 31.07.2017 and petitioner shall pay future rent @ Rs.

1000/- per month w.e.f. 1.8.2017 to 30.4.2018, 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. 02.08.2017 (Jaswant Singh) joshi Judge Whether Speaking/reasoned Yes/No Whether Reportable Yes/No Rajinder Parshad Joshi 2017.08.