High Court of Punjab and HaryanaCR/637/2017dismissed

Raj Kumar v. Ranjit Singh

2017-09-25Mr. Justice S.P. Bangarh2 pages

CR 637/2017(O&M)

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CR 637/2017(O&M) Date of decision:25.09.2017 Raj Kumar ..............Petitioner v.

Ranjit Singh ..............Respondent Coram:

Hon'ble Mr.Justice Jaswant Singh Present:- Mr.KR Dhawan,Advocate for the petitioner/tenant Mr.Ish Puneet Singh,Advocate for respondent/landlord. Jaswant Singh,J,(Oral).

Tenant is in revision directed against the order dated 25.10.2016 passed by Appellate Authority, Ferozepur whereby he has been ordered to be evicted from the demised shop fully detailed in the eviction petition on the ground of bona fide "personal necessity" of the landlord. This Court vide order dated 1.2.2017 had issued notice only qua grant of some reasonable time to relocate in view of 15 years of tenancy.

Learned counsel for the petitioner states that he would not press the instant petition provided some reasonable time is granted. It is submitted that petitioner is carrying out the business of kiryana shop from 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 will continue to pay Rajinder Parshad Joshi 2017.09.25 17:21 I attest to the accuracy and integrity of this document

CR 637/2017(O&M) future rent at the said rate for the time granted by this Court. Prayer made by the learned counsel for the petitioner is not objected to by the learned counsel for the respondent/landlord. In view of the above agreed stand, this petition is dismissed as not pressed, however, six months time commencing w.e.f. 01.10.2017 is granted to the petitioner-tenant for making alternative arrangement subject to his furnishing an undertaking on or before 31.10.2017 before the Court of learned Rent Controller, Zira, that he shall hand over actual physical vacant possession of the demised premises to the respondent/ landlord by 31.03.2018. 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 31.10.2017 and petitioner shall pay future rent @ Rs.

350/- per month w.e.f. 1.11.2017 to 31.3.2018, by 10th 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. 25.09.2017 (Jaswant Singh) joshi Judge Whether Speaking/reasoned Yes/No Whether Reportable Yes/No Rajinder Parshad Joshi 2017.09.