Ravi Kochar v. Harminder Kaur (Since Deceased) Through Her Lrs And ORS

[1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Civil Revision No. 3608 of 2019(O&M) Date of Decision: July 15 , 2019.

Ravi Kochar ...... PETITIONER (s)

Versus

Harminder Kaur through LRs ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. Vikas Cuccria, Advocate for the petitioner.

Mr. Divanshu Jain, Advocate for the respondent.

*****

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporters or not?

3. Whether the judgment should be reported in the digest? ***** LISA GILL, J.

This petition has been filed by the petitioner (tenant) challenging order dated 29.04.2019 passed by the learned Rent Controller, Chandigarh whereby the respondent-landlord's petition under Section 13B of the East Punjab Urban Rent Restriction Act (for short, the 'Act') was allowed and petitioner's application under Section 18A of the Act for leave to contest, was declined. Ejectment of the petitioner from demised premises has been ordered. It is submitted that the matter has been amicably resolved between

[2] the parties. Petitioner-Ravi Kochar, duly identified by his counsel, is present in Court today. Learned counsel for the petitioner, on his instructions, submits that the petitioner does not press this petition on merits, but at the same time, he seeks some time to make alternate arrangements and handover the vacant peaceful possession of the property in question. The petitioner, it is submitted, may be permitted to retain the demised premises till then. At this stage, Mr. Divanshu Jain, Advocate appears on behalf of the respondent-landlord.

The matter was passed-over in order to enable the parties to seek specific instructions from their respective clients. It is informed that the respondents-landlords have no objection in case the petitioner is permitted to retain possession of the demised premises till 31.08.2020 subject to deposit of rent, mesne profits etc. by the petitioner, including the arrears of thereof. Keeping in view the facts and circumstances of the case as well as the specific stand of both the parties, this petition is dismissed as not pressed. However, the petitioner-tenant is permitted to retain possession of the demised premises till 31.08.

2020, subject to his furnishing a specific undertaking before the learned Executing Court/Rent Controller, Chandigarh within one week of the receipt of certified copy of this order, to the effect that he shall clear all arrears of rent/mesne profits within four weeks and he shall handover the vacant, peaceful possession of the property in question to the respondent on or before 31.08.2020. Till then, the petitioner shall further continue to pay rent/mesne profits by the 10th of each calendar month.

It is made clear that in case the said undertaking is not furnished by

[3] the petitioner within a period of one week from the date of receipt of certified copy of this order or in case of any violation of the aforesaid terms, the respondents-landlords shall be entitled to seek eviction of the petitioner from the demised premises forthwith, with police help and without recourse to any remedy, besides, the petitioner - tenant making himself liable to contempt proceedings.

( LISA GILL ) July 15 , 2019.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No