Dismissed

Gulshan Gulati and Anr. v. Satish Kumar Bansal

Punjab & Haryana HC1 Dec 2008CR/2528/2008

Case brief

AI extract

What is this about?

Petitioners sought two years to find alternative accommodation. Landlord accepted a consensus for a two-year stay in exchange for an undertaking to vacate and pay arrears. Petition withdrew. Writ dismissed as withdrawn.

What did the court decide?

Petition dismissed as withdrawn following parties' consensus to grant a two-year grace period for alternative accommodation.

Gulshan Gulati and Anr. Vs Satish Kumar Bansal — Landlord and Tenant | Punjab & Haryana HC (2008)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Civil Revision No. 2528 of 2008 Date of decision: 1^st December, 2008

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Gulshan Gulati and another

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… Petitioners

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Versus

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Satish Kumar Bansal and another

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… Respondents

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CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

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Present: Mr. Arun Jain, Senior Advocate with Mr. Vishal Goel, Advocate for the petitioners.

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Mr. Arun Bansal, Advocate for the respondents.

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KANWALJIT SINGH AHLUWALIA, J. (ORAL)

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Mr. Arun Jain, after arguing for some time, has been unable to assail the observation of this Court that two courts below have returned a concurrent finding of fact that the premises are required by the landlord for his own use and occupation. Mr.Jain has very fairly stated that he is conscious that this Court cannot do re-appraisal and re-appreciation of the evidence. Mr.Jain assisted by Mr.Vishal Goel, on instructions from Gulshan Gulati petitioner, who is present in Court, has stated that he be permitted to make an alternative prayer and in case sufficient time is granted to him, he will find out alternative accommodation. It has been stated by Mr.Jain that petitioner is carrying on a Karyana shop, therefore, he has to dispose off the goods lying in the shop and recover his investment. Therefore, he has stated that two years time may be granted to him to arrange for alternative accommodation.

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Mr.Arun Bansal, who is present in Court on behalf of respondent landlord, on instructions from Satish Kumar Bansal, who is also

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Civil Revision No.2528 of 2008

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present in Court, states that he is anxious to get the peaceful vacant possession of the premises and in case an undertaking is filed before the Rent Controller that peaceful vacant possession of the premises shall be handed over along with the arrears of rent, if any, he will accept the offer made by Mr.Jain, who is assisted by Mr.Vishal Goel.

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During the course of arguments, a consensus has been formulated by the counsel for the parties and the parties are also present in Court. I am of the view that the Court should attach due consideration to the consensus arrived at between the parties. Therefore, it is ordered that petitioner shall not be evicted from the premises for a period of two years, subject to filing of an undertaking in the Court of concerned Rent Controller on or before 7^th January, 2009 that he shall hand over peaceful vacant possession of the premises to the landlord on or before 1^st January, 2011. The undertaking shall also contain a condition that arrears of rent, if any, shall be paid or tendered in the Court of Rent Controller. It shall also be mentioned in the undertaking that rent for each following month, as is being paid till now, shall be paid or tendered in the court of concerned Rent Controller on or before 7^th of each month.

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At this stage, Mr.Vishal Goel assisting Mr.Jain, on instructions from Mr. Gulshan Gulati petitioner, states that in view of the consensus arrived at between the parties and accepted by the Court, this writ petition may be dismissed as withdrawn.

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As prayed, present writ petition is dismissed as withdrawn.

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[KANWALJIT SINGH AHLUWALIA] JUDGE

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December 1, 2008 rps

Gulshan Gulati and Anr. v. Satish Kumar Bansal

Case brief

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Gulshan Gulati and Anr. v. Satish Kumar Bansal

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