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High Court of Punjab and HaryanaCR/4251/2019dismissed

Yashpal v. Jatinder Singh

2019-08-22Mrs. Justice Lisa Gill3 pages

[1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH 1.

Civil Revision No. 4251 of 2019(O&M) Date of Decision: August 22 , 2019.

Jashpal ...... PETITIONER(s)

Versus

Jatinder Singh ...... RESPONDENT (s) 2.

Civil Revision No. 5038 of 2019(O&M).

Jashpal ...... PETITIONER(s)

Versus

Jatinder Singh ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. Ajay Pal Singh Rehan, Advocate for the petitioner.

Mr. Dheeraj Mahajan, Advocate for the respondent/caveator.

*****

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 order shall dispose of CR No.4251 of 2019 (Jashpal v. Jatinder Singh) and CR No. 5038 of 2019(Jashpal v. Jatinder Singh). Both these petitions have been filed by the petitioner (tenant) challenging orders dated 20.02.2016 and 23.05.2019 passed by the learned Rent

[2] Controller, Gurdaspur and the learned Appellate Authority, Gurdaspur, respectively, whereby the respondent-landlord's petition under Section 13 of the East Punjab Urban Rent Restriction Act was allowed and ejectment of the petitioner from demised premises has been ordered. Learned counsel for the petitioner, on instructions from the petitioner, who is present in Court today, submits that he does not press these revision petitions on merits, but prays for some reasonable time to make alternate arrangements and handover the vacant, peaceful possession of the shops in question. He further prays for some concession regarding the payment of the arrears of rent/mesne profits. Petitioner, who is present in Court, further submits that he shall handover the vacant, peaceful possession of both the shops in question, by 23.09.2019.

Learned counsel for the respondent-caveator submits that he has specific instructions to state that in case the petitioner hands over the vacant, peaceful possession of the demised premises, which are the subject matter of both the revision petitions, he shall not press his claim for arrears of rent/mesne profits, which are due from the petitioner and neither would he claim rent etc. for the period till 23.09.2019.

Keeping in view the facts and circumstances of the case as well as the specific stand of both the parties, both the petitions are dismissed as not pressed. However, the petitioner-tenant is permitted to retain possession of the demised premises till 23.09.2019, 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

[3] he shall handover the vacant, peaceful possession of the property in question to the respondent-landlord on or before 23.09.2019. It is made clear that in case the said undertaking is not furnished by 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 respondent-landlord 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 ) August 22 , 2019.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No