Ram Swarup Sharma And Others v. Brij Mohan

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH 135-A CR-3653-2024 (O&M) Date of Decision: 13.11.2024 RAM SWARUP GAUTAM AND ORS .... Petitioners

VERSUS

BRIJ MOHAN .... Respondent CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Rajesh Lamba, Advocate and Mr. Satish Kumar Garg, Advocate for the petitioners. Mr. Gurinderjit Singh Saini, Advocate for the respondent. ALKA SARIN, J. (ORAL) 1.

Mr. Gurinderjit Singh Saini, Advocate has appeared and has filed his vakalatnama on behalf of the respondent, which is taken on record. 2.

Learned counsel for the petitioners states that the petitioners may be granted some reasonable time to vacate the premises as they are running an educational institute in the same for the last more than 30 years. 3.

Learned counsel for the respondent, on instructions from the respondent, states that the petitioners may be given a period of six months to vacate the premises provided the market rent is paid till the time the vacant possession is handed over to him.

4.

Heard.

5.

In the present case both counsel are ad idem that some reasonable time may be given to the petitioners to vacate the premises as the AMAN JAIN 2024.11.14 09:24 I attest to the accuracy and integrity of this order/judgment

135-A CR-3653-2024 (O&M) -2petitioners are running an educational institute in the premises since the last 30 years.

6.

In view of the statement made by the learned counsel for the respondent, the petitioners are granted a period of six months i.e. on or before 12.05.2025 to vacate the premises and to hand over vacant possession of the same to the respondent. The market rate of rent in the vicinity, as stated by the learned counsel for the respondent, is ₹50,000 per month. However, this Court deems it fit that the petitioners pay an amount of ₹30,000 per month towards rent as the earlier agreed rent was ₹20,000/- per month. Accordingly, the petitioners are directed to pay an amount of ₹30,000 per month towards rent to the respondent till the time vacant possession is handed over to him. The rent shall be paid by the 7th of every month. All the arrears of rent shall be cleared within a period of one month from today.

An undertaking with regard to vacation of the premises on or before 12.05.2025, payment of rent @ ₹30,000/- per month, clearance of arrears of rent within one month, be given by the petitioner before the Rent Controller concerned within a period of 15 days from today. It is made clear that in case the undertaking is not filed as directed and the arrears of rent are not cleared within a period of one month from today, the present revision petition shall be deemed to having been dismissed.

7.

Disposed off. Pending applications, if any, also stand disposed off.

13.11.2024 (ALKA SARIN) Aman Jain JUDGE NOTE:

Whether speaking/non-speaking: Speaking Whether reportable: Yes/No AMAN JAIN 2024.11.14 09:24 I attest to the accuracy and integrity of this order/judgment