High Court of Punjab and HaryanaCR/5183/2017disposed of

Raj Kumar v. Satnam Kaur

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

CR 5183/2017(O&M)

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CR 5183/2017(O&M) Date of decision:08.08.2017 Raj Kumar ..............Petitioner v.

Satnam Kaur ..............Respondent Coram:

Hon'ble Mr.Justice Jaswant Singh Present:- Mr.Harsh Jhanji,Advocate for the petitioner 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,Jalandhar vide order dated 27.10.2016 and the findings affirmed in appeal by the Appellate Authority,Jalandhar vide order dated 5.5.2017 whereby the tenant has been evicted from the demised shop forming part of property No. WP-17 (BX-155-380) situated in the area of Basti Sheikh,Jalandhar 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 15 years old and petitioner is carrying out the business of selling sweets.

It is also admitted that petitioner/tenant has his own another sweet shop. 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.500/- per month, petitioner is also willing to pay future rent at the rate Rajinder Parshad Joshi 2017.08.

CR 5183/2017(O&M) of Rs.1000/- per month for the the period of 9 months, 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 respondent/landlord so as to avoid delay in the matter and to save her from unnecessary litigation expenses. In view of the above, this petition is dismissed as not pressed, however, nine months time commencing w.e.f. 01.09.2017 is granted to the petitioner-tenant for making alternative arrangement subject to his furnishing an undertaking on or before 31.8.2017 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 31.5.2018. The undertaking shall also state that the entire arrears of rent, if any, at the admitted rate of Rs.500/- per month have been cleared till 31.08.2017 and petitioner shall pay future rent @ Rs.

1000/- per month w.e.f. 1.9.2017 to 31.5.2018, by 7th of each calendar month. Needless to say that any violation of the aforesaid terms shall entitle the landlord 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. 08.08.2017 (Jaswant Singh) joshi Judge Whether Speaking/reasoned Yes/No Whether Reportable Yes/No Rajinder Parshad Joshi 2017.08.