High Court of Punjab and HaryanaCR/4103/2022disposed of

Gurbachan Singh v. Gurmit Singh

2022-12-12Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CR-4103-2022 (O&M) Decided on : 12.12.2022 Gurbachan Singh . . . Petitioner

Versus

Gurmit Singh . . . Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Aayush Gupta, Advocate for the petitioner.

Mr. J.S.Bagga, Advocate for the respondent.

**** MANJARI NEHRU KAUL, J. (Oral) The petitioner-tenant by filing present petition is impugning the order dated 20.11.2018, passed by the Rent Controller, Nakodar vide which he was ordered to vacate the rented premises within two months and order dated 24.08.2022 passed by the Appellate Authority, Jalandhar whereby his appeal preferred against the order dated 20.11.2018, was dismissed. Learned counsel for the petitioner after arguing for some time, prays for reasonable time to vacate the demised premises so that arrangements could be made for an alternate premises in the meantime, more so, since the petitioner is 75 years old man and has been occupying the demised premises for the last 36 years.

Learned counsel for the respondent on instructions does not oppose the prayer made by counsel opposite for granting reasonable time to the petitioner to vacate the demised premises. In the wake of the prayer made by learned counsel, the revision petition is disposed of in the following terms: (i) The petitioner-tenant shall continue to occupy the demised premises from today upto 12.12.2023;

SONIA BURA 2022.12.14 17:27 I attest to the accuracy and integrity of this document

CR-4103-2022 -2- (ii) Petitioner-tenant shall clear all arrears of rent, if any, within a period of four weeks from today and shall continue to deposit the agreed rent by 7th of every month till 12.12.2023, or till he remains 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 12.12.2023, 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 respondent/landlord on or before 12.12.2023;

(v) Petitioner shall furnish an affidavit in the above terms before the Rent Controller concerned within two weeks from today, failing which the arrangement set out in this order shall stand vacated and the respondent 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 respondent shall be free to execute the order of ejectment forthwith and obtain possession of the demised premises and appropriate proceedings for breach of this arrangement shall also be initiated against the petitioner.

Since the main case stands disposed of, pending civil miscellaneous applications, if any, stand disposed of accordingly. 12.12.2022 (MANJARI NEHRU KAUL) sonia JUDGE Whether speaking/non-speaking?

Yes/No Whether reportable?

Yes/No SONIA BURA 2022.12.14 17:27 I attest to the accuracy and integrity of this document