In a revision petition concerning eviction, the High Court granted the petitioner one year to vacate premises and hand over possession on a fixed date, conditional upon payment of arrears and future rent.
Petitioner granted one year to vacate; directed to pay arrears and future rent and file undertaking within 15 days.
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Civil Revision No. 4746 of 2010 (O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Revision No. 4746 of 2010 (O&M) Date of decision: 07.09.2010
Sat Parkash
....Petitioner
Versus
Mohan Lal and another
....Respondent
CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA
Present: - Mr. Vikas Sharma, Advocate, for the petitioner.
Mr. R.K. Singla, Advocate, for the respondent.
VINOD K. SHARMA, J (ORAL)
When this case came up for hearing on 2.8.2010, this Court
passed the following order: -
“Learned counsel for the petitioner does not wish to contest the revision petition on merit and prays that keeping in view the fact that the petitioner is running his commercial business in the premises for a number of years, he may be granted some time to vacate the premises. The case of the petitioner further is, that the petitioner is willing to give an undertaking in this Court to hand over the possession to the respondents-landlords on expiry of the period to be fixed by this Court. Notice of motion for 7.9.2010. Stay eviction. Process dasti only.”
The request of the petitioner for grant of time to vacate the
premises has been accepted by the respondents-landlords and it is agreed that the petitioner would vacate the premises within one year from today and hand over the vacant possession of the premises to the respondents-
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Civil Revision No. 4746 of 2010 (O&M)
landlords on or before 6.9.2011.
Learned counsel for the petitioner, on instructions, has also undertaken that all arrears of rent till date would be paid by the petitioner to the respondents-landlords within 15 days from today and future rent will be paid in advance by 7th of each calendar month . The petitioner will also give receipt number of the deposit of rent made in the Court during the pendency of rent petition so as to enable the landlord to withdraw the said amount.
The petitioner is directed to file an undertaking within 15 days from today in this court undertaking therein to hand over the vacant possession of the premises to the respondents-landlords, on or before the date fixed hereinabove.
Subject to conditions referred to above, this revision petition is dismissed.
(Vinod K. Sharma) Judge
September 07, 2010 R.S.
1 issue framed by the court
Whether a petitioner facing eviction can obtain time to vacate premises and pay arrears to satisfy a civil revision petition.
Sat Parkash
Mohan Lal
Vinod K. Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
