Vinod Goyal v. Naresh Kumar And Another

[1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Civil Revision No. 5600 of 2019(O&M) Date of Decision: September 30 , 2019.

Vinod Goyal ...... PETITIONER(s)

Versus

Naresh Kumar and another ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. S.P.Arora, Advocate for the petitioner.

Mr. B.S.Saroha, Advocate for the respondents.

*****

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 judgments dated 31.01.2017 and 22.07.2019 passed by the learned Rent Controller, Panchkula and the learned Appellate Authority, Panchkula, respectively, whereby the respondents-landlords' petition under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 was allowed and ejectment of the petitioner from demised premises has been ordered. Learned counsel for the petitioner, on instructions from the

[2] petitioner who is present in Court today, submits that he does not press this revision petition on merits, but prays for some reasonable time to make alternate arrangements and handover the vacant, peaceful possession of the premises in question. Petitioner, who is present in Court, submits that he shall handover the vacant, peaceful possession of the demised premises, by 01.04.2020 and till then, the petitioner undertakes to regularly pay the rent and clear the arrears of rent, if any.

Learned counsel for the respondents-landlords, on instructions from his client, submits that he has no objection to the petitioner retaining possession of the premises till 01.04.2020 subject to deposit of contractual rent by the petitioner at the rate of `6,000/- per month and handing over of the vacant, peaceful possession thereof on or before 01.04.2020. 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 is entitled to retain possession of the demised premises till 01.04.

2020, subject to his furnishing a specific undertaking before the learned Rent Controller, Panchkula within two weeks of the receipt of certified copy of this order, to the effect that he shall handover the vacant, peaceful possession of the property in question to the respondents-landlords on or before 01.04.2020 in view of the settlement arrived at between the parties and till then, the petitioner shall continue to pay the contractual rent at the rate of `6,000/- by the 7th of each calendar month, besides, clearing arrears of rent, if any, within five weeks from today.

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

[3] the petitioner within a period of two weeks 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 ) September 30 , 2019.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No