Tarlochan Singh Sekhon v. Bhupinder Singh Dhillon And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 01.10.2019 Tarlochan Singh Sekhon

...Petitioner

Versus

Bhupinder Singh Dhillon and another

...Respondents

CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Mohit Rathee, Advocate, for Mr. Aman Pal, Advocate, for the petitioner.

Mr. Vaibhav Sharma, Advocate, for the respondents.

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

This is a revision petition that has been filed seeking to challenge the order dated 17.04.2018 passed by the Rent Controller, Chandigarh ordering ejectment of the petitioner herein which order was subsequently affirmed by the Appellate Authority vide judgment dated 14.02.2019.

2.

Learned counsel appearing on behalf of the petitioner at the very outset submits that the petitioner would not challenge the said orders passed on merits, however, he should be allowed one year time to vacate the demised premises considering the fact that the petitioner has been in peaceful occupation of the same since 1998. It is stated that he is ready and

willing to hand over the vacant possession of the demised premises within the stipulated period and would also furnish individual affidavit to the effect that peaceful possession of the demised premises would be handed over. 3.

Learned counsel appearing on behalf of the respondents submits that the period of one year that is sought for would not be acceptable to him.

4.

I have heard learned counsel for the parties and without going into the merits of the case, I deem it appropriate to confirm the orders of ejectment while allowing the plea of the petitioner herein to retain possession for a period of 06 months from today. This period is being allowed taking into account the fact that he had been in the said premises since 1998 and had been conducting his business from there. However, the petitioner herein is permitted to retain the premises uptill 31.03.2020 subject to the following conditions :- (i) That the petitioner will file his individual affidavit before the Rent Controller within two weeks stating that he would hand over vacant possession of the tenanted premises to the respondents-landlord on or before 31.03.2020.

(ii) That the petitioner herein would clear all arrears of rent or mesne profit, if any, assessed by the Rent Controller/Appellate Authority within a period of one month as of date.

(iii) That he will continue to pay the future rent on or before 10th day of each calendar month.

4.

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 respondents-landlord would be entitled to execute the order of eviction forthwith.

Disposed of accordingly.

01.10.2019 (JAISHREE THAKUR) Satyawan JUDGE Whether speaking/reasoned Yes.

Whether reportable No.