Vijay Thapar v. Pawan Kumar And ORS

CR-3284-2022 (O&M) [1] SANJAY GUPTA 2022.08.23 12:23

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CR-3284-2022 (O&M) Date of Decision: 22.08.2022 VijayThapar ........ Petitioner

Versus

Pawan Kumar and others ......... Respondents CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present:- Mr.Divanshu Jain, Advocate for the petitioner. **** HARKESH MANUJA, J. (ORAL) Present petition is directed against the eviction order dated 01.04.2019 passed by Rent Controller, Ludhiana and affirmed vide order dated 01.08.2022 passed by learned Appellate Authority, Ludhiana.

After arguing for sometime counsel for the petitioner would state that he does not press the petition on merit but the petitioner may be given reasonable time to make arrangement of alternative accommodation for his business.

At this stage, Mr. Namit Gautam, Advocate, puts in appearance on behalf of the respondent/landlord and agrees to grant one year period to the petitioner/ tenant for vacating the tenanted premises.

In view of the above, eviction order dated 01.04.2019 passed by the Rent Controller, Ludhiana and affirmed in appeal by the Appellate Authority, Ludhiana is confirmed, subject, however, to following conditions:-

CR-3284-2022 (O&M) [2] i) the petitioner shall hand over vacant possession of the tenancy premises to the respondent/landlord on or before 31.08.2023;

ii) the petitioner shall furnish an undertaking before the Rent Controller, Ludhiana within fifteen days from today that he will hand over vacant possession of the tenancy premises to the respondent on or before 31.08.2023; and iii) the petitioner shall clear arrears of rent as directed by Rent Controller, Ludhiana vide its order dated 01.04.2019 within two months from the date of order dated 01.08.2022 passed by learned Appellate Authority, Ludhiana;

iv) the petitioner shall also clear the arrears of mesne profits at the rate of Rs.15000/- per month from the date of order of eviction dated 01.04.2019 passed by Rent Controller, Ludhiana uptill date, within the time period of two months as prescribed by learned Appellate Authority, Ludhiana;

Failure of the petitioner to comply with either of the conditions would entitle the respondent/landlord to execute the eviction order forthwith.

Pending application(s), if any, shall also stand disposed of.

August 22, 2022 ( HARKESH MANUJA ) sanjay JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No