Sawinder Singh v. Jagmohan Singh & ORS

2023:PHHC:142000

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CR-8589-2016 (O&M) Date of Decision: November 07, 2023 SAWINDER SINGH ........ Petitioner

Versus

JAGMOHAN SINGH (DECEASED) THROUGH HIS LRS & ORS ........Respondents CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:

Mr. Divanshu Jain, Advocate for petitioner.

Mr. Amit Jhanji, Sr. Advocate with Mr. Eliza Gupta, Advocate for the respondents. **** HARKESH MANUJA, J. (ORAL) 1.

By way of present revision petition, challenge has been laid to the judgments and decrees dated 29.10.2014 and 28.11.2016 passed by the authorities below whereby, an eviction petition filed at the instance of respondents-landlords stands allowed. 2.

After arguing for some time, learned counsel for the petitioner on instructions states that he does not wish to press the present petition on merit, however prays that the petitioner may be given reasonable time to make arrangement of alternative accommodation for his business as he has been occupying the demised premises, since 1987 and has recently lost his young son so he has to take care of his daughter-in-law and the grandchildren also. 3.

In view of the above, eviction order dated 29.10.2014 passed by the Rent Controller, Patiala and affirmed in appeal by the Appellate Authority, Patiala vide judgment dated 28.11.2016 is confirmed, however, subject to following conditions:- TEJWINDER SINGH 2023.11.09 16:33 I attest to the accuracy and integrity of this document

CR-8589-2016 (O&M) 2023:PHHC:142000 -2i) the petitioner shall hand over vacant possession of the tenanted premises to the respondents/landlords on or before 06.05.2025;

ii) the petitioner shall furnish an undertaking before the Rent Controller, Patiala, within fifteen days from today that he will hand over vacant possession of the tenanted premises to the respondents on or before 06.05.2025; and iii) the petitioner shall clear arrears of rent, if any, as per the findings recorded by the authorities below, within a period of one month from today and will continue to clear the arrears by seventh of each month till 06.05.2025.

4.

Failure to comply with either of the conditions by the petitioner would entitle the respondent/landlady to execute the eviction order forthwith.

5.

Pending application(s), if any, shall also stand disposed of. 07.11.2023 ( HARKESH MANUJA ) tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No TEJWINDER SINGH 2023.11.09 16:33 I attest to the accuracy and integrity of this document