Dismissed

Sohan Lal Sharma and Anr. v. Rajinder Sofat

Punjab & Haryana HC11 Nov 2011CR/362/2012

Case brief

AI extract

What is this about?

In a landlord revision petition assailing an appellate judgment that set aside an eviction order, the appellant withdrew the petition relying on settled law but secured a direction for the Rent Controller to dispose of the eviction petition on personal necessity within one year.

What did the court decide?

Direction to the Rent Controller to decide pending eviction proceedings within one year.

Sohan Lal Sharma and Anr. Vs Rajinder Sofat — Landlord and Tenant | Punjab & Haryana HC (2011)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CR No.362 of 2012 (O&M) Date of decision: 02.04.2013

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Sohan Lal Sharma & anr.

.... Petitioners

Versus

Rajinder Sofat

.... Respondent

CORAM: HON'BLE MR. JUSTICE JASWANT SINGH

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Present: Mr. Bhupinder Singh, Advocate for the petitioners.

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Mr. P.S.Rana, Advocate for the respondent.

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Jaswant Singh, J.(ORAL)

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The landlords are in revision under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 assailing the judgment dated 12.08.2011 (Annexure P-8) passed by the learned Appellate Authority, SAS Nagar, Mohali whereby he has set aside the eviction order dated 08.01.2010 (Annexure P-6) passed by the Rent Controller for non-deposit of the arrears of provisional rent within the stipulated time, and further remanded the matter before the learned Rent Controller to pass a fresh order in accordance with law assessing the provisional rent to be paid by the tenant.

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At the time of hearing, learned counsel for the petitioners/landlords on instructions from Sohan Lal Sharma, who is present in Court, very graciously states that in view of the settled principle of law in Gurpreet Singh vs. Brijender Bhardwaj and others, 2011(1) RCR Rent 319 , he would not like to press this petition provided the learned Rent Controller is directed to decided the tenant eviction petition filed by the landlord seeking eviction inter alia on the ground of personal necessity in a time bound manner.

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CR No.362 of 2012 (O&M)

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-2-

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In response, learned counsel for the respondent-tenant submits that he has no objection if the pending proceedings before the learned Rent Controller are directed to be decided in expeditious manner.

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In view of the aforesaid stand, the present revision petition stands dismissed as withdrawn. However, learned Rent Controller, SAS Nagar, Mohali is directed to decide the tenant eviction proceedings initiated by the landlord by giving limited opportunities to parties in expeditious manner preferably within one year from today, after deciding the issue of provisional assessment of rent.

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02.04.2013 sonia

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(Jaswant Singh) Judge

Sohan Lal Sharma and Anr. v. Rajinder Sofat

Case brief

What is this about?

What did the court decide?

Sohan Lal Sharma and Anr. v. Rajinder Sofat

Case brief

What is this about?

What did the court decide?

What the court decided

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