Rakesh Dwivedi v. Arun Garg

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CR-5767-2024 (O&M) Date of Decision : 20.05.2025 Rakesh Dwivedi ....Petitioner

VERSUS

Arun Garg ....Respondent CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Ms. Pratula Sethi, Advocate for the petitioner. Mr. Rajinder Goel, Advocate for the respondent. ALKA SARIN, J. (Oral) 1.

Challenge in the present revision petition is to the order dated 17.09.2024 whereby no stay was granted by the Appellate Authority of the order dated 21.07.2022 passed by the Rent Controller ordering eviction of the petitioner from the demised premises.

2.

Learned counsel for the respondent would contend that the respondent would have no objection if stay is granted till the decision of the appeal. However, it has been pointed out that in the year 2016 an amount of ₹7,00,000/- was due and even thereafter, not a single penny has been paid towards rent. It is further the contention that the respondent has not moved any application for mesne profits but at least the arrears of rent and current rent ought to be paid.

3.

In view of the stand taken by learned counsel for the respondent, the present revision petition is disposed off with a direction that operation of the order dated 21.07.2022 passed by the Rent Controller shall JITENDER KUMAR 2025.05.21 10:53 I attest to the accuracy and authenticity of this document Chandigarh

CR-5767-2024 -2remain stayed till the final disposal of the appeal pending before the Appellate Authority, provided the petitioner deposits the entire arrears of rent within a period of one month from today and w.e.f. 01.07.2025 onwards, an amount of ₹11,000/- per month would be paid by him towards the use and occupation of the demised premises by the 7th of every month, failing which the present revision petition shall be deemed to having been dismissed.

4.

The Appellate Authority is requested to dispose off the appeal expeditiously.

5.

Disposed off. Pending applications, if any, also stand disposed off.

( ALKA SARIN ) 20.05.2025 JUDGE jk NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO JITENDER KUMAR 2025.05.21 10:53 I attest to the accuracy and authenticity of this document Chandigarh