Kulwinder Kaur v. Capt. Nachhattar Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR-2205-2025 (O&M) Date of Decision : 02.05.2025 Kulwinder Kaur ... Petitioner(s)

Versus

Capt. Nachhattar Singh ... Respondent(s) CORAM :

HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Gaurav Verma, Advocate for the petitioner. Mr. Ashok Kumar Sharma, Advocate for the respondent along with the respondent, Capt. Nachhattar Singh, in person. ALKA SARIN, J. (Oral) 1.

On 07.04.2025 the following order was passed : "Learned legal aid counsel appearing on behalf of the petitioner, on instructions from the petitioner who is present in person, states that the petitioner will clear all arrears of rent and would continue to pay the rent in future in case she is granted six months' time to vacate the premises in dispute.

Notice of motion only to the limited extent as noticed above, returnable 02.05.2025.

'Dasti' as well.

To be shown in the urgent list.

Meanwhile, dispossession of the petitioner shall remain stayed."

2.

Today the learned counsel for the respondent on instructions from the respondent, Capt. Nachhattar Singh, who is present in Court, states that the respondent would have no objection for granting six months' time to vacate the premises in dispute in case all arrears of rent are cleared in a Yogesh Sharma 2025.05.03 09:53 I attest to the accuracy and authenticity of this order/judgment.

High Court Chandigarh

CR-2205-2025 (O&M) -2time-bound period and the petitioner continues to pay the rent in future till handing over of vacant possession.

3.

Learned counsel for the petitioner has handed over a Demand Draft bearing No.014522 dated 01.05.2025 amounting to ₹2,00,000/- to the respondent in Court today.

4.

In view of the statement made by the learned counsel for the respondent, the petitioner is granted six months' time to hand over the peaceful vacant possession of the premises to the respondent i.e. on or before 31.10.2025 on the condition that all the remaining arrears of rent would be cleared within a period of one month from today i.e. on or before 01.06.2025. The petitioner shall also continue to pay use and occupation charges at the same rate as the rent of the premises by the 7th of every month till she hands over peaceful vacant possession of the premises on or before 31.10.2025. The petitioner shall also furnish an undertaking to this effect before the concerned Rent Controller within a period of 15 days from today. 5.

It is, however, made clear that in case the undertaking is not filed within a period of 15 days from today or if there is a default in paying the arrears of rent/payment of the use and occupation charges of the premises, the present revision petition shall be deemed to having been dismissed. The respondent would be at liberty to avail his remedies as available in law.

6.

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

( ALKA SARIN ) JUDGE NOTE: Whether speaking/non-speaking: Speaking 02.05.2025 Yogesh Sharma Whether reportable: YES/NO Yogesh Sharma 2025.05.03 09:53 I attest to the accuracy and authenticity of this order/judgment.

High Court Chandigarh