Rajeev Kumar v. Sukhdev Singh And ANR

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Civil Revision No.7818 of 2017 (O&M) Date of Decision: 11.12.2017 Rajeev Kumar .......... Petitioner

Versus

Sukhdev Singh and another .......... Respondents CORAM: HON'BLE MR. JUSTICE JASWANT SINGH

Present:

Mr. C.R.Dahiya, Advocate along with the petitioner/tenant. Ms. Samiya Singh, Advocate along with the respondents/landlords. ***** JASWANT SINGH, J. (ORAL) The tenant is in revision directed against the concurrent findings recorded by both the Authorities below, whereby he has been ordered to be evicted from the demised shop (fully detailed in the eviction petition), on the ground of non-payment of rent and personal necessity of the landlord(s), vide order dated 24.03.2017, passed by learned Rent Controller, SAS Nagar, Mohali; and the findings thereof duly affirmed by learned Appellate Authority, SAS Nagar, Mohali, vide order dated 07.10.2017.

On the very first date of hearing, counsel for the petitioner/tenant had prayed for grant of reasonable time to tenant to vacate in view of 30 years old commercial tenancy of demised shop from where petitioner is running Kiryana business.

Upon this, notice of motion was issued to the respondent/landlords for today.

Today, respondents/landlords are present in person duly represented by their counsel Ms.Samiya Singh,Advocate.

At the time of hearing today, learned counsel for the petitioner/tenant states that he would not press the instant petition provided some reasonable time is granted to petitioner to relocate his business. It is further submitted that besides clearing the arrears of rent at the admitted rate of Rs.8850/- per month, Rajinder Parshad Joshi 2017.12.12 11:45 I attest to the accuracy and integrity of this document

C.R. No.7818 of 2017 (O&M) -2petitioner is also willing to pay future rent at the rate of Rs.12,000/- per month for the time so granted by this Court.

Prayer made by the learned counsel for the petitioner/tenant is not opposed by the respondents/landlords.

In view of the above agreed stand between the parties, this petition is dismissed as not pressed, however, 1-1/2 years; time commencing w.e.f. 01.01.2018 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, Mohali, that he shall hand over actual physical vacant possession of the demised premises to the respondents/ landlords by 30.06.2019. The undertaking shall also state that the entire arrears of rent, if any, at the admitted rate of Rs.8850/- per month have been cleared till 31.12.2017 and petitioner shall pay future rent @ Rs.12,000/- per month w.e.f. 1.1.2018 to 30.6.2019, 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.

December 11, 2017 (JASWANT SINGH) Gagan/.Joshi JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No Rajinder Parshad Joshi 2017.12.12 11:45 I attest to the accuracy and integrity of this document