High Court of Punjab and HaryanaCR/8400/2016dismissed

Amrinder Kaur Alias Aman v. Jasbir Kaur

2017-05-30Mr. Justice Dr. Bharat Bhushan Parsoon2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CR-8400-2016 (O & M) Date of decision: 30.05.2017 Amarinder Kaur @ Aman .... Petitioner V/s Jasbir Kaur

...Respondent(s)

CORAM:

HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

Mr. Om Pal Sharma, Advocate, for the petitioner. Mr. R.S. Baziyan, Advocate, for Mr. Rahul Rampal, Advocate, for the respondent.

***** Rajan Gupta, J. (Oral), Present petition is directed against the order dated 15.10.2015 passed by the court below whereby eviction of the petitioner-tenant has been ordered from the demised premises. It appears, respondent-landlord filed eviction petition before the Rent Controller seeking eviction on three grounds i.e. (i) non-payment of arrears of rent, (ii) change of user and (iii) personal necessity. As the rent was tendered before the court below, first ground did not survive. The question of change of user was decided in favour of the petitioner-tenant. The Rent Controller came to the conclusion that tenant had not changed the nature of the premises. However, on ground of personal necessity, it was held that landlord entitled to evict the tenant. Prayer of the petitioner was, thus, accepted and eviction of the tenant was ordered. The order passed by the Rent Controller was unsuccessfully challenged before the lower appellate court. Aggrieved, present petition has been filed.

Sukhpreet Kaur 2017.06.03 15:25 I attest to the accuracy and integrity of this document

CR-8400-2016 (O & M) ::2::

At the outset, learned counsel for the petitioner submits that she shall vacate the premises in case some reasonable time is granted to her for doing the needful. This prayer is accepted. It is directed that tenant would vacate the premises by 31st January, 2018. She shall also comply with all the terms and conditions . In case needful is not done by the said date, landlord shall be at liberty to move an application for execution of the orders passed. An undertaking in aforesaid terms be submitted to the executing court within two weeks from today.

Revision petition, however, is dismissed.

(RAJAN GUPTA) May 30, 2017 JUDGE sukhpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Sukhpreet Kaur 2017.06.03 15:25 I attest to the accuracy and integrity of this document