Ganesh Dass (Now Deceased) Through His Lr v. Dhiraj Kumar And Others

2023:PHHC:128765

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CR-5540-2023 (O&M) Date of Decision: October 04, 2023 GANESH DASS (NOW DECEASED) THROUGH HIS LR ........ Petitioner

Versus

DHIRAJ KUMAR AND OTHERS ........ Respondents CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:

Mr. G.S. Sidhu, Advocate for the petitioner.

**** HARKESH MANUJA, J. (ORAL) 1.

Present revision petition is directed against the eviction order dated 22.09.2016 passed by Learned Rent Controller, Narwana and affirmed by learned Appellate Authority, Jind, vide its judgment dated 09.08.2023.

2.

After arguing for sometime, learned counsel for the petitioner states that he does not press the present petition on merit, however prays that the petitioner may be given reasonable time to make arrangement of alternative accommodation for his business while submitting that the shop in question is under tenancy for the past almost 60 years as previously it was occupied by the father of the petitioner and after his demise it is the petitioner who is occupying the same as tenant who is 50 years old and the shop in question is the only source of livelihood for him.

3.

In view of the above, eviction order dated 22.09.2016 passed by the Rent Controller, Narwana and affirmed in appeal by the TEJWINDER SINGH 2023.10.06 17:51 I attest to the accuracy and integrity of this document

CR-5540-2023 (O&M) -2Appellate Authority, Jind vide judgment dated 09.08.2023 is confirmed, however, subject to following conditions:- i) the petitioner shall hand over vacant possession of the tenanted premises to the respondents/landlords on or before 03.04.2024;

ii) the petitioner shall furnish an undertaking before the Rent Controller, Narwana, within fifteen days from today that he will hand over vacant possession of the tenanted premises to the respondents on or before 03.04.2024; and iii) the petitioner shall clear arrears of rent, if any, as per the findings recorded by the authorities below, within a period of one month from today and will continue to clear the arrears by seventh of each month till 03.04.2024.

4.

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

5.

Pending application(s), if any, shall also stand disposed of. 04.10.2023 ( HARKESH MANUJA ) tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No TEJWINDER SINGH 2023.10.06 17:51 I attest to the accuracy and integrity of this document