Disposed

Om Parkash Bajaj v. Ramesh Kumar Arora

Punjab & Haryana HC8 Oct 2009CR/5767/2009

Case brief

AI extract

What is this about?

The High Court disposed of a revision petition challenging an eviction order by accepting a compromise between the petitioner-tenant and respondent-landlord, allowing the tenant to retain possession subject to paying arrears and regular rent with a deadline for vacating the house.

What did the court decide?

Petitioner to pay arrears and monthly rent by demand draft; undertake to vacate house by 31.3.2010; entitled to retain possession subject to conditions.

Om Parkash Bajaj Vs Ramesh Kumar Arora — Landlord and Tenant | Punjab & Haryana HC (2009)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Civil Revision No.5767 of 2009 (O&M)

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Date of Decision : 08.10.2009

Om Parkash Bajaj

.....Petitioner

versus

Ramesh Kumar Arora

.....Respondent

CORAM : HON'BLE MR.JUSTICE SURYA KANT.

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Present : Mr.K.S.Boparai, Advocate, for the petitioner. Mr.H.N.Mehtani, Advocate, for the respondent.

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-.-

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Whether Reporters of Local papers may be allowed to see the judgment?

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To be referred to the Reporters or not?

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Whether the judgment should be reported in the Digest?

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ORDER

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Surya Kant, J. (Oral)

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This revision petition is directed by the tenant, who has been ordered to be evicted from the demised premises i.e. H.No.960, Sector 16, Panchkula, by the Rent Controller, Panchkula, vide the impugned order dated 13.8.2009 passed under Section 13-A of the Haryana Urban (Control of Rent and Eviction) Act, 1973 and further declined his application for leave to defend also, decided on the same day.

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After arguing the case for some time, counsel for the petitioner states at the bar that given some reasonable period for vacation of the house, say, upto 31.3.2010, the petitioner is ready and willing not to

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C.R. No.5767 of 2009 (O&M) 2

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press this revision petition on merits and give an undertaking to vacate the house and hand-over the peaceful vacant possession to the respondentlandlord on or before 31.3.2010.

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Notice of motion.

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Mr.H.N.Mentani, Advocate, being present in Court, accepts notice on behalf of the respondent-landlord. On instructions from the respondent, who is also present in Court, he agrees to the offer made by the petitioner-tenant.

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In this view of the matter, this revision petition is disposed of in the following terms and conditions:-

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(i) the petitioner-tenant shall pay the entire arrears of rent by way of demand draft in favour of the respondent-landlord on or before 15.10.2009;

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(ii) the petitioner-tenant shall also keep on paying the monthly rent in advance before 10^th of every month by way of demand draft in favour of the respondent-landlord till the house is vacated;

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(iii) the petitioner-tenant shall give an undertaking within one week from the date of receiving a certified copy of this order, by way of his affidavit before the Rent Controller, Panchkula, that he shall hand-over the peaceful vacant possession of the house to the respondent-landlord on or before 31.3.2010;

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(iv) subject to the compliance of conditions No.(i) to (iii) above, the petitioner-tenant shall be entitled to retain the possession

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C.R. No.5767 of 2009 (O&M) 3

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of the house till 31.3.2010.

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(v) It is made clear that in the event of any default on the part of the petitioner-tenant, the respondent-landlord shall be entitled to secure possession of the demised-house through police assistance without prejudice to his rights to initiate contempt of Court proceedings against the petitioner.

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(vi) Dasti.

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08-10-2009 Mohinder

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(SURYA KANT) JUDGE

Om Parkash Bajaj v. Ramesh Kumar Arora

Case brief

What is this about?

What did the court decide?

Om Parkash Bajaj v. Ramesh Kumar Arora

Case brief

What is this about?

What did the court decide?

What the court decided

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