Shri Ram Mandia v. Swadesh Krishan And ORS.

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CR-3169-2022 (O&M) Decided on : 09.08.2022 Shri Ram Mandia . . . Petitioner

Versus

Swadesh Krishan and others . . . Respondents CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Rajesh Pal, Advocate for the petitioner.

**** MANJARI NEHRU KAUL, J. (Oral) The petitioner-tenant by filing present petition is impugning the order dated 01.04.2019, passed by the Rent Controller, Chandigarh, vide which he was ordered to vacate the rented premises within two months i.e. House No.3209, Second Floor, Sector 21-D, Chandigarh and order dated 20.07.2022 passed by the Appellate Authority, Chandigarh whereby his appeal preferred against the order dated 01.04.2019, was dismissed. Learned counsel for the petitioner after arguing for some time, submits that the petitioner is 73 years old man and he be granted six months to vacate the demised premises so that he can arrange for an alternate premises in the meantime.

In the wake of the prayer made by learned counsel and without issuing any notice to the respondents, to avoid any further delay and expenses that he may have to incur to defend these proceedings, the revision petition is disposed of in the following terms: (i) The petitioner-tenant shall continue to occupy the demised premises for a period of 06 months from today upto 09.02.2023;

SONIA BURA 2022.08.10 11:01 I attest to the accuracy and authenticity of this document chandigarh

CR-3169-2022 -2- (ii) Petitioner-tenant shall clear all arrears of rent, if any, within a week from today and shall continue to deposit the agreed rent by 7th of every month till 09.02.2023, or till he remain in occupation of the premises; (iii) Petitioner-tenant shall clear all pending electricity and water bills, if any, within two weeks from today, and shall continue to pay those charges till 09.02.2023, or till he vacates the premises;

(iv) Petitioner shall vacate and hand over the actual physical possession of the demised premises, free from all encumbrances, to the respondents/landlord on 09.02.2023;

(v) Petitioner shall furnish an affidavit in the above terms before the trial Court/Rent Controller within a week from today and a copy thereof shall also be submitted before the Executing Court within a week thereafter, failing which the arrangement set out in this order shall stand vacated and the respondents shall be at liberty to execute the order of ejectment forthwith; (vi) In the event of even a single default, this arrangement shall stand vacated and the respondents shall be free to execute the order of ejectment forthwith and obtain possession and appropriate proceedings for breach of this arrangement shall also be initiated against the petitioners.

Since the main case stands disposed of, pending civil miscellaneous applications, if any, stand disposed of accordingly. 09.08.2022 (MANJARI NEHRU KAUL) sonia JUDGE Whether speaking/non-speaking?

Yes/No Whether reportable?

Yes/No SONIA BURA 2022.08.10 11:01 I attest to the accuracy and authenticity of this document chandigarh