Civil revision petition dismissed as withdrawn upon consensus between parties granting petitioner time to vacate premises with future possession.
Petitioner not to be evicted for 1.5 years from 1st Jan 2009 subject to undertaking and deposit of arrears in Rent Controller court.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Revision No. 2755 of 2007
Date of decision: 10th December, 2008
Inder Pal alias Mahabir
… Petitioner
Versus
Gopal Krishan Gupta
… Respondent
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Mr. M.S. Joshi, Advocate for the petitioner. Mr. R.L. Batta, Senior Advocate with Mr. Mandeep K. Sajan, Advocate for the respondent.
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
Connected case of other tenant was being decided in Civil Revision No. 4538 of 2006 and when order was being dictated, in the present case, during the course of arguments, a consensus has been arrived between the counsel for the parties that the findings given by this Court in Civil Revision No.4538 of 2006 titled ‘Gobind Ram v. Gopal Krishan Gupta’ may not be given effect to and the petitioner may be allowed to withdraw the present petition and be permitted to make alternative prayer. It is stated that since petitioner is shop keeper, he require time to find alternative accommodation.
Mr. Batta, on instructions from Mr.Mandeep K. Sajan, states that he has no objection if reasonable time is granted to the shop keeper, subject to his filing an undertaking in the Court of Rent Controller that he shall hand over peaceful vacant possession of the shop to the landlord.
2
Civil Revision No.2755 of 2007
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 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. The petitioner may also pay the arrears of rent, if any, by way of demand draft. 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. The undertaking be filed on or before 7th January, 2009.
With these observations, as prayed, present revision petition is dismissed as withdrawn.
[KANWALJIT SINGH AHLUWALIA] JUDGE
December 10, 2008 rps
Inder Pal alias Mahabir
Gopal Krishan Gupta
Kanwalingt Singh Ahluwalia
As recorded by the court registry
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