Naseem Ahmed v. Shagun Gupta And Others

2023:PHHC:060085 CR-1427-2023 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CR-1427-2023 (O&M) Date of decision: April 27, 2023 Naseem Ahmed ....Revisionist versus Shagun Gupta and others ....Respondents CORAM: HON'BLE MR. JUSTICE ARUN MONGA Present:- Mr. D.S. Malwai, Advocate for revisionist (tenant). ***** ARUN MONGA, J. (ORAL) Petition herein is for setting aside impugned order dated 03.02.2018 passed by learned Rent Controller, Malerkotla whereby eviction petition filed by respondents/landlords under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short 'Act of 1973')was allowed and revisionist/tenant was directed to handover possession of the shop in question within a period of two months from the date of passing of said order. Further revisionist/tenant sought setting aside of impugned order dated 23.01.2023 whereby appeal filed by revisionist/tenant against aforesaid eviction order, was dismissed. 2.

Succinct facts first.

2.1.

Respondent No.1 Shagun Gupta, being one of the legal representatives of original landlord Ramesh Kumar, filed eviction petition under Section 13 of the Act of 1973 seeking ejectment of revisionist/tenant from the demised premises i.e., shop. Vide order dated 03.02.2018, learned Rent Controller, allowed the eviction petition and ordered revisionist/tenant to vacate the shop in question. Aggrieved, revisionist filed an appeal against aforesaid order, which was dismissed vide order dated 23.01.2023 by learned Appellate Authority. MAHAVIR SINGH 2023.05.03 10:39 I attest to the accuracy and authenticity of this order/ judgment

2023:PHHC:060085 CR-1427-2023 (O&M) 3.

At the outset, learned counsel for revisionist-tenant states that in case, this Court is not inclined to interfere in the matter, as observed in course of arguments, he does not press the instant revision provided revisionist-tenant is given reasonable time to vacate the shop in question. 4.

I have heard learned counsel for revisionist and perused the record. 5.

In view of the aforesaid, without expressing any opinion on merits of the case, revision petition is dismissed granting six months' time to revisionisttenant to vacate shop in question to make alternative arrangement, dispensing with notice to respondents-landlords. This is subject to the condition that the revisionist pays/ transfers the monthly rent to the respondents regularly in advance by the 10th day of every month.

6.

Pending application(s), if any, shall also stand disposed of. (ARUN MONGA) JUDGE April 27, 2023 mahavir Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MAHAVIR SINGH 2023.05.03 10:39 I attest to the accuracy and authenticity of this order/ judgment