Dismissed

Laxmi Devi v. Jang Bahadur

Punjab & Haryana HC19 Aug 2010CR/5225/2010

Case brief

AI extract

What is this about?

In a civil revision regarding an ejectment petition, the High Court granted a petitioner-tenant, an elderly woman, an additional four months to vacate the premises and hand over vacant possession, extending beyond the Rent Controller's interim order, subject to payment of arrears and future rent on time. The petition was dismissed as withdrawn.

What did the court decide?

Granted four months time to vacate the demised premises and hand over actual physical vacant possession.

Laxmi Devi Vs Jang Bahadur — Landlord and Tenant | Punjab & Haryana HC (2010)

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CR No.5225 of 2010 [1]

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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Civil Revision No. 5225 of 2010

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Date of Decision: 19 - 8 - 2010

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Laxmi Devi ....Petitioner

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Jang Bahadur ....Respondent

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CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA

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*******

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Present: Mr.Sunil Agnihotri, Advocate for the petitioner.

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KANWALJIT SINGH AHLUWALIA, J. (ORAL)

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Jang Bahadur landlord, who retired from Food Corporation of India, filed an ejectment petition under Section 13-A of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter to be referred as, `the Act'). Notice of the eviction petition was issued. Counsel for the petitioner put in appearance and opted not to file an application for grant of leave to contest, rather he disputed the relationship of landlord and tenant. The Rent Controller held that procedure which is prescribed in the Act, has not been followed and no leave to defend was sought and straight away the written statement was filed. The Rent Controller further held that since the tenant has not accepted the respondent as landlord, therefore, she is liable to be ejected until leave to contest is granted. In this situation, he will not press

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CR No.5225 of 2010 [2]

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the petition.

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At this stage, counsel for the petitioner states that petitioner is an old lady of 70 years, therefore, she may be granted reasonable time to make arrangement for alternative accommodation. In this situation, he will not press the present petition.

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Considering the age of the petitioner, this Court is of the view that four months time can be granted to her to vacate the demised premises. Consequently, the tenant-petitioner is granted four months time to vacate and hand over actual physical vacant possession of the demised premises. She shall file an undertaking by 15.9.2010 before the Rent Controller that she shall hand over actual physical vacant possession of the demised premises on or before 31.12.2010. She shall also undertake that the entire arrears of rent shall be paid immediately and the future rent by 7^th of each following month.

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Accordingly, the present petition is dismissed as withdrawn.

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( KANWALJIT SINGH AHLUWALIA ) August 19, 2010. JUDGE

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Laxmi Devi v. Jang Bahadur

Case brief

What is this about?

What did the court decide?

Laxmi Devi v. Jang Bahadur

Case brief

What is this about?

What did the court decide?

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