Sh. Raj Pal v. Smt. Bimla Devi

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

Civil Revision No.906 of 2019 (O&M) Date of Decision: 30.05.2019 Raj Pal ...... Petitioner

VERSUS

Bimla Devi ..... Respondent CORAM:- HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr.Kunal Mulwani, Advocate, for the petitioner.

Mr. Yogesh Goyal, Advocate, for the respondent.

***** JAISHREE THAKUR, J.(Oral) 1.

This is a revision petition that has been filed seeking to challenge the order of the Rent Controller, Bhiwani dated 21.07.2018 whereby ejectment of the petitioner has been ordered from the demised premises, which ejectment order was subsequently affirmed by the Appellate Authority, Bhiwani by order dated 23.01.2019. 2.

On 07.02.2019, after arguing for some time and when this Court was not inclined to interfere in the well reasoned orders passed by the Courts below, learned counsel appearing on behalf of the petitioner sought time to vacate the premises. It was contended that he is in possession of the demised premises for the last 15/16

-2years. Notice of motion was issued to the respondent. 3.

Today, learned counsel for the petitioner contends that the petitioner would require sufficient time to make alternate arrangement.

4.

Appearance has been caused by Mr. Yogesh Goyal, Advocate on behalf of the respondent, who opposes grant of more time by contending that sufficient time has already been availed of by the petitioner.

5.

I have heard learned counsel for the parties and in view of the fact that six months' time has been sought to vacate the demised premises, the same is allowed. While affirming the orders of both the Rent Controller, Bhiwani as well as the Appellate Authority, Bhiwani, this petition is being disposed of allowing the petitioner herein to retain the premises uptil 15.12.2019 subject to the following conditions :- (i) That the petitioner will file an undertaking/ affidavit before the Rent Controller within two weeks stating that he would hand over vacant possession of the tenanted premises to the respondent-landlord on or before 15.12.2019.

(ii) That the petitioner would clear all arrears of rent as assessed by the Appellate Authority within a period of one month as of date.

(iii) That he will continue to pay rent on or before 7th day of each calendar month.

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In case, the petitioner-tenant fails to file undertaking/ affidavit within a period of two weeks or fails to comply with any of the conditions, the respondent-landlord would be entitled to execute the order of eviction forthwith.

Disposed of accordingly.

30.05.2019 (JAISHREE THAKUR) Satyawan JUDGE Whether speaking/reasoned Yes.

Whether reportable No.