Dismissed

Sunder Dass v. Vinod Bala

Punjab & Haryana HC5 Dec 2011CR/7213/2011

Case brief

AI extract

What is this about?

Petitioner, a tenant facing eviction, filed a revisional petition seeking time to vacate. The Court approved a consensus between parties to dismiss the petition but grant the tenant until 15.07.2012 to vacate, provided he clears arrears and future rent is paid in advance.

What did the court decide?

Petition dismissed; tenant granted time until 15 July 2012 to vacate premises upon clearing arrears and paying advance rent.

Sunder Dass Vs Vinod Bala — 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.7213 of 2011(O&M) Date of decision: 5.12.2011

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Sunder Dass

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......Petitioner(s)

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Versus

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Vinod Bala

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......Respondent(s)

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CORAM:HON'BLE MR.JUSTICE RAKESH KUMAR GARG

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Present: Ms. Sonal Datta, Advocate for the petitioner. Mr. Gourave Bhayyia, Advocate for the respondent.

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Rakesh Kumar Garg, J.(Oral)

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The petitioner is present in Court.

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On November 25, 2011, the following order was passed by this

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Court:-

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“This is tenant’s revision petition challenging the impugned orders of eviction passed by the authorities below against him.

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Shorn of unnecessary details, it is suffice to say that eviction of the petitioner has been ordered from the shop in dispute holding that the same is required by the respondent for her own bona fide requirements.

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The aforesaid finding has been recorded by the authorities below on appreciation of evidence on record. Before this Court also, counsel for the appellant is unable to find fault with the aforesaid finding. However, the submission made before this Court is that since the petitioner is running business in the shop in dispute, he may be given sufficient/reasonable time to vacate the same and hand over the vacant possession of the demised premises to the respondent-landlord.

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Let a notice be given, to the respondent to the aforesaid limited extent of granting time to hand over the vacant possession, for 5.12.2011.

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Dasti only.”

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CR No.7213 of 2011(O&M)

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Today, Mr. Gourave Bhayyia, Advocate has put in appearance on behalf of the respondent-landlord and has submitted that the petitioner is in arrears of rent since 4.4.2005 and he has also not paid the dues towards electricity charges and house tax. He has further submitted that in case the arrears of the aforesaid amounts are paid to the respondentlandlord and that the petitioner shall keep on making the payment of the future rent in advance, the respondent has no objection to the grant of time considered reasonably by this Court for vacating the demised premises and handing over the vacant possession of the same.

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A consensus has been reached between the counsel for the parties that this petition be dismissed, however, the petitioner be granted time upto 15.7.2012 to vacate the demised premises and hand over the vacant possession of the same to the respondent-landlord on or before 15.7.2012 subject to the condition of making payment of entire arrears of rent, electricity charges and house tax etc. within two months from today and that the petitioner shall keep on making the payment of the future rent in advance i.e. by 10^th of every month till the vacation of the demised premises.

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In view of the above consensus, the statement of the petitioner, who is present in Court, is recorded separately.

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Thus, after hearing learned counsel for the parties and keeping in view the statement of the petitioner recorded separately, this petition is dismissed with the observations that the petitioner is granted time to vacate the premises in question i.e. on or before 15.7.2012, subject to payment of advance rent and also clearance of arrears of rent within two months from today and also file an undertaking before the Rent Controller that he shall hand over the vacant possession of the demised premises on or before

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CR No.7213 of 2011(O&M)

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15.7.2012 to the respondent-landlord. The statement of the petitioner recorded before this Court today shall form part of this judgment.

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It is made clear that in case no undertaking is filed before the Rent Controller or the arrears of rent/advance rent are not paid as aforesaid, the eviction order shall come into force immediately. It is also clarified that in case the petitioner fails to hand over the vacant possession of the demised premises to the respondent-landlord upto 15.7.2012, in addition to the execution of the impugned order, he shall also be liable for contempt.

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December 5, 2011 ps

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(RAKESH KUMAR GARG) JUDGE

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CR No.7213 of 2011

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Statement of Sh.Sunder Dass, son of Late Sh. Prabh Dayal, aged 47 years, resident of Halwai Bazar, Tehsil Samana, Distt. Patiala. On S.A.

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I am the tenant in the demised premises . I may be given time to vacate the demised premises upto 15.7.2012. I shall vacate the demised premises and hand over the vacant possession of the same to the respondent-landlord on or before 15.7.2012. I shall also clear the arrears of rent including house tax and electricity charges etc. within two months from today. I shall keep on paying the future rent of the demised premises in advance i.e. by 10^th of every month. I shall be bound by the statement made by me before this Court today. In case of violation of the undertaking made by me before this Court today, I shall be liable to be evicted forthwith and shall also be liable for initiation of contempt proceedings.

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(RAKESH KUMAR GARG) JUDGE

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RO & AC 5.12.2011

Sunder Dass v. Vinod Bala

Case brief

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Sunder Dass v. Vinod Bala

Case brief

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