Revisioner granted tenant six months additional time before eviction upon consensus, subject to undertaking for rent deposit and vacant possession delivery by Rent Controller. Revision dismissed as withdrawn.
Deferred eviction for 1 ½ years upon filing undertaking for rent and vacant possession with Rent Controller.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Revision No. 1092 of 2008
Date of decision: 16th December, 2008
Rajesh Kumar
… Petitioner
Versus
Jaswinder Sharma
… Respondent
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Mr. Gaurav Mohunta, Advocate for the petitioner. Ms. Deepali Puri, Advocate for the respondent.
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
Present petition has been filed against the order of the Rent Controller and the Appellate Authority, whereby they found that landlord Jaswinder Sharma requires the demised premises for his own personal need and occupation for running a Boutique/Beauty Parlor by his wife Vijay Laxmi.
Mr.Gaurav Mohunta appearing for the tenant had assailed the findings on the ground that there are discrepancies and contradictions between the evidence. He has stated that no income tax return of the wife has been produced on record. On observations made by this Court that findings of fact recorded by two courts below cannot be disturbed, mainly on the ground that this Court, while exercising revisional jurisdiction cannot re-appreciate or do re-appraisal of the evidence, Mr.Mohunta states that he be permitted to make an alternative prayer. He states that since the petitioner is carrying on a business of electrical shop from the demised
2
Civil Revision No.1092 of 2008
premises and he has a huge inventory in the business, which he will have to recover, therefore, 1 ½ years time may be granted to the tenant petitioner to make alternative arrangement. He further states that in case this Court grants indulgence, he will not pursue the present revision petition and the same be dismissed as withdrawn.
Ms.Deepali Puri appearing for the respondent landlord states that she has no objection in case 1 ½ years time is granted to the tenant petitioner, provided that the tenant furnishes an undertaking before the Rent Controller that he shall hand over peaceful vacant possession of the demised premises after 1 ½ years commencing from 1st January, 2009. She further states that a condition be also incorporated in the undertaking that entire arrears of rent, if any, shall be deposited on or before 7th January, 2009 in the Court of Rent Controller. It is further stated that the undertaking shall also contain a condition that rent for each following month shall be paid or deposited on or before 7th of each following month.
Since, during the course of arguments, a consensus has been arrived at between the counsel for the parties, this Court ought to attach due sanctity to the consensus arrived at between the parties. Therefore, it is ordered that as prayed by the counsel for parties, petitioner will not be evicted from the demised premises for 1 ½ years commencing from 1st January, 2009, subject to filing an undertaking in the Court of concerned Rent Controller on or before 7th January, 2009 that peaceful vacant possession of the demised premises shall be handed over to the landlord on or before 30th June, 2010. The undertaking shall also contain a condition that entire arrears of rent, if any, shall be deposited or tendered in the Court of Rent Controller on or before 7th January, 2009 and that the rent for each following month shall be paid on or before 7th of each following month. In case undertaking is not filed, the landlord shall be at liberty to take recourse to law by filing execution petition.
3
Civil Revision No.1092 of 2008
With these observations, as prayed, present revision petition
is dismissed as withdrawn.
[KANWALJIT SINGH AHLUWALIA] JUDGE December 16, 2008 rps
Rajesh Kumar
Jaswinder Sharma
Kanwalsingh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
