Major Sunil Sharma Alias Sunil Dutt Sharma v. Shubinder Gill

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: 15.05.2024 MAJOR SUNIL SHARMA ALIAS SUNIL DUTT SHARMA ....Petitioner

VERSUS

SHUBINDER GILL ....Respondent CORAM: HON'BLE MR. JUSTICE VIKAS SURI

Present:

Mr. Gurpreet Singh, Advocate for Mr. Ramnish Puri, Advocate for the petitioner.

**** VIKAS SURI , J. (Oral) 1.

The present revision petition filed under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949, assails the order dated 05.01.2022 passed by the learned Rent Controller, Moga, whereby the rent petition was allowed on the ground of personal necessity and the petitioner-tenant was directed to hand over vacant possession of the demised premises within 03 months, as well as the order dated 27.07.2023 passed by the Appellate Authority, Moga on an appeal preferred thereagainst, which was dismissed with no order as to costs, after upholding and affirming the findings of the learned Rent Controller.

2.

Ms. Zaheen Kaur, Advocate, puts in appearance on behalf of the respondent and has filed her Power of Attorney, which is taken on record. She has produced the certified copy of order dated 09.09.2023 passed by the National Lok Adalat. 3.

Learned counsel for the respondent submits that the present revision petition has been rendered infructuous in view of compromise arrived at between the parties before the National Lok Adalat, Moga and the award passed in that regard dated 09.09.2023. 4.

In the present case, it has been thus brought on record that the petitioner has handed over the possession of the demised premises on 25.08.2023 and in view of the same, the execution petition has been dismissed as withdrawn being fully satisfied. The order dated 09.09.2023, reads as thus:- "Present: Sh. Barinderpal Singh Rattian Advocate, counsel for the decree holder.

Sh. A.K Sharma Advocate, counsel for the JD.

Present case is taken up today in the National Lok Adalat. Perusal of the file reveals that decree holder suffered statement on 01.09.2023 that he has received the possession of the property in dispute on 25.08.2023 and as such, he does not want to pursue with the present execution application and same may be dismissed as withdrawn being fully satisfied with liberty to file a suit for recovery of missing articles mentioned above against the JD as the JD has committed the theft of electricity meter and other doors and windows of the house in dispute. Statement of decree holder is duly countersigned by his counsel. Heard. In view of above statement suffered by decree holder, a separate award has been passed in the present case and present case is hereby dismissed as

 withdrawn being fully satisfied. File be consigned to record room after due compliance.

Pronounced:- Date of order:-09.09.2023 (Preeti Sukhija), PCS, (Lovish, Stenographer G-11) Presiding Officer, National Lok Adalat, Moga/(UID No.PB0276) (Direct Dictation)"

5.

Learned counsel for the petitioner is not in a position to dispute the correctness of the order noticed above. 6.

In the light of what has been noticed hereinabove, the present petition has been rendered infrucutous and the same is liable to be disposed of as such.

7.

Accordingly, the present petition is disposed of as having been rendered infructuous.

8.

Pending applications, if any, also stand disposed of. (VIKAS SURI) May 15, 2024 JUDGE Sangeeta Whether reasoned/speaking:

Yes/No Whether reportable:

Yes/No