Satwant Singh v. Gurcharan Singh Saini

CR No.4686 of 2024 #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CR No.4686 of 2024 Date of decision: 21.08.2024 Satwant Singh ......Petitioner

Versus

Gurcharan Singh Saini .....Respondent CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:

Mr. Sonpreet S Brar, Advocate for the petitioner. HARKESH MANUJA, J (ORAL) 1.

Present revision petition is directed against the concurrent findings recorded by both the Authorities below whereby the learned Rent Controller, UT, Chandigarh vide judgment dated 31.01.2024 has allowed the rent petition filed by the landlord-respondent and the findings thereof have been affirmed in appeal by the learned Appellate Authority, Chandigarh vide judgment dated 09.08.2024. 2.

After arguing for some time, learned counsel for the petitioner on instructions states that he does not intend to press the petition on merit but the petitioner may be given reasonable time to make arrangement of alternative accommodation for his residence.

3.

In view of the above, eviction order dated 09.08.2024 passed by the learned Appellate Authority, UT Chandigarh is confirmed, however, subject to the following conditions:

"(a) The petitioner-tenant, to hand over the vacant and peaceful possession of the demised premises under his occupation to the landlord on or before 28.02.2025. As such, not only shall he clear all arrears of rent/damages/mesne profit, if any, within a period of one month from today, but also MANOJ KUMAR 2024.08.28 04:02

CR No.4686 of 2024 #2# continue to pay the same till he continues to occupy the premises.

(b) The petitioner-tenant shall not cause any damage to the property, create any encumbrance, or transfer possession, in any manner, of the demised premises.

(c) The petitioner-tenant shall continue to use and occupy the property and enjoy the same strictly in terms of the municipal by-laws. No further construction, more so unauthorized in nature, shall be carried out by them.

(d) Before handing over the possession of the demised premises, the petitioner-tenant shall clear all statutory dues. (e) In the event of petitioner violating any of these terms, it shall be open to the landlord(s) to initiate the proceedings for obtaining possession in terms of the order of ejectment and also initiate proceedings for contempt, if so advised. (f) All pending litigation(s), if any, inter se the parties in relation to the demised premises shall stand closed. (g) The tenant shall file an undertaking before the trial Court agreeing to the aforesaid terms, within a period of two weeks from today."

4.

Failure of the petitioner to comply with either of the conditions would entitle the respondent/landlord to execute the eviction order forthwith. 5.

Pending application(s), if any, shall also stand disposed of. August 21, 2024 (HARKESH MANUJA) manoj JUDGE Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MANOJ KUMAR 2024.08.28 04:02