Parvinder Singh v. Ravinder Kumar And ANR

CR 7351/2017 (O&M)

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CR 7351/2017 (O&M) Date of decision:12.12.2017 Parvinder Singh ..............Petitioner v.

Ravinder Kumar and another ..............Respondents Coram:

Hon'ble Mr.Justice Jaswant Singh Present:- Mr.SKS Bedi,Advocate for the petitioner/tenant Mr.Rohit Mittal,Advocate for respondents/landlords. Jaswant Singh,J,(Oral).

Petitioner tenant is in revision against concurrent eviction orders passed by the Authorities below whereby he has been ordered to be evicted from the demised shop No.177/3, Rai Market, Ambala Cantt., on the ground of "personal necessity" vide order dated 25.7.2016 passed by Rent Controller, Ambala and findings thereof upheld by Appellate Authority, Ambala vide order dated 3.8.2017.

During the course of hearing on 27.10.2017, counsel for the petitioner without arguing on merits restricted his prayer to grant of some reasonable time to relocate or purchase the demised shop in the light of commercial tenancy since 1949. Accordingly notice of motion was issued and in the meanwhile, execution proceedings, if any, were adjourned beyond the date fixed before this Court.

At the time of hearing today, learned counsel for the petitioner submits that his client would withdraw the present revision provided some Rajinder Parshad Joshi 2017.12.13 10:09 I attest to the accuracy and integrity of this document

CR 7351/2017 (O&M) time to relocate is granted in view of almost 68 years old commercial tenancy. It is further submitted that besides clearing arrears of admitted rent @ Rs.125/- per month, if any, petitioner is also willing to pay enhanced future rent @ Rs.500/- per month for the time so granted by this Court. Learned counsel for the respondents/landlords, upon instructions, does not oppose the prayer made on behalf of the petitioner/tenant.

In view of the agreed stand between the parties, this petition is dismissed as not pressed, however, six months time commencing w.e.f. 1.1.2018 is granted to the petitioner-tenant for making alternative arrangement subject to his furnishing an undertaking on or before 6.1.2018 before the Court of learned Rent Controller, Ambala, that he shall hand over actual physical vacant possession of the demised premises to the respondents/ landlords by 30.06.2018. The undertaking shall also state that the entire arrears of rent, if any, at the admitted rate of Rs.125/- per month have been cleared till 31.12.2017 and petitioner shall pay future rent @ Rs.500/- per month w.e.f. 1.1.2018 to 30.6.2018, by 10th 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. 12.12.2017 (Jaswant Singh) joshi Judge Whether Speaking/reasoned Yes/No Whether Reportable Yes/No Rajinder Parshad Joshi 2017.12.13 10:09 I attest to the accuracy and integrity of this document