Petitioner, deceased landlord's wife, allowed to seek eviction via execution proceedings if tenant failed to furnish vacant possession undertaking as required by rent controller.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
COCP No. 1430 of 2012 (O&M)
DATE OF DECISION : MAY 11, 2012
SMT. KAMLA DEVI
.......PETITIONER
VERSUS
HARBANS SINGH & ANR.
.... RESPONDENTS
CORAM : HON'BLE MR. JUSTICE SURYA KANT
Present: Mr. SK Chaudhary, Advocate, for the petitioner.
SURYA KANT, J. (Oral)
The legal representatives of the tenant (respondents herein) were granted 1-1/2 years period commencing from 1.10.2010 to vacate the premises “subject to their furnishing an undertaking to the court of Rent Controller, Patiala, that they shall hand over actual physical vacant possession of the demised premises to the respondent/landlord. .....” No such undertaking was, admittedly, given by the respondents herein. If that is so, the eviction order is already operative against them.
The petitioner, who is wife of the deceased-landlord, will be at liberty to seek eviction of the respondents through
COCP No. 1430 of 2012
2
execution proceedings. In case, an execution application is filed by her, the Rent Controller-cum-Executing Court, Patiala is directed to dispose of the same in accordance with law as early as possible but not later than four months from the date of filing of such an application.
MAY 11, 2012 Kang
(SURYA KANT ) JUDGE
Smt. Kamla Devi
Harbans Singh & Anr.
Surya Kant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
