Tenant's revision petition against eviction order dismissed as withdrawn. Court granted conditional time for vacant possession pending arrears payment.
Petition dismissed as withdrawn; petitioner granted time until 15.1.2014 to vacate and pay arrears.
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
CR No.128 of 2011 (O&M) Date of decision: 17.7.2013
Hardees Kumar
-----Petitioner(s)
Vs.
Harinder Kumar
-----Respondent(s)
CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR GARG
Present:Mr. A.S. Virk, Advocate for the petitioner. Petitioner in Person.
Mr. P.K. Gupta, Advocate for the respondent. Respondent in Person. ---
RAKESH KUMAR GARG, J.
This is tenant’s revision petition, challenging the order
of eviction dated 19.1.2010 passed against him by the Rent Controller, Nabha on the ground of personal necessity of the respondent-landlord, which has been further upheld vide judgment dated 2.11.2010 of the appellate authority, Patiala.
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CR No. 128 of 2011
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During the pendency of this petition, the respondentlandlord has moved an application i.e. CM No.25594-CII of 2012 for grant of mesne profits since the date of eviction order passed by the Rent Controller i.e. 19.1.2010. The landlord-respondent has claimed that market rent for a similar shop in the vicinity on the date of eviction of the petitioner-tenant was more than Rs.5,000/- per month.
Learned counsel for the petitioner-tenant, on instructions from the petitioner, has very fairly stated that the petitioner is not in a position to pay the market rent beyond the rate of rent as being paid by him earlier and in fact the petitioner is also in arrears of rent even @ Rs.300/- per month w.e.f. September, 2007.
In view of the aforesaid facts, counsel for the petitioner, on instructions from the petitioner who is present in Court, states that a reasonable time be granted to the petitioner to vacate the premises in question and hand over the vacant possession thereof to the respondent-landlord and revision petition be dismissed as withdrawn.
However, learned counsel for the respondent-landlord has vehemently opposed the prayer made on the ground that the petitioner-tenant has not even paid the admitted rate of rent since September, 2007 and the landlord is also entitled to mesne
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profits at the market rate since the date of eviction of the petitioner.
However, during the course of proceedings, with the intervention of the Court, learned counsel for the respondent, on instructions from the respondent who is also present in Court, has consented for grant of six months time to the petitioner to vacate the demised premises and hand over the vacant possession of the same to him on or before 15.1.2014, subject to the condition that the petitioner shall make payment of entire arrears of rent since September, 2007 @ Rs.300/- per month and also file an undertaking before the Rent Controller that he will hand over the vacant possession of the demised premises on expiry of the period as granted by this Court.
Counsel for the petitioner has no objection to the conditions, as raised by learned counsel for the respondent.
Thus, keeping in view the consensus reached between the parties, this petition is ordered to be dismissed as withdrawn.
However, the petitioner is granted time upto 15.1.2014 to hand over the vacant possession of the demised premises to the respondent-landlord, subject to the condition that he shall pay entire arrears to the respondent-landlord, as noticed above within two months from today, with a further condition that he shall file an undertaking before the Rent Controller, Nabha, within one
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month from today, to hand over the vacant possession of the demised premises on or before the expiry of the stipulated period i.e. upto 15.1.2014. It is further clarified that in case of default of any of the conditions, the landlord shall be entitled to execute the eviction order against the petitioner.
Needless to say that the parties shall be bound by the submissions made on their behalf by their counsels before this Court.
It is further clarified that in case of non-compliance of the order passed by this Court, the petitioner shall also be liable for initiation of contempt proceedings for contempt of this Court in addition to the execution of the eviction order.
July 17, 2013 ( RAKESH KUMAR GARG ) ak JUDGE
Kumar Ashwani 2013.07.20 13:25 I attest to the accuracy and integrity of this document High Court Chandigarh
Hardees Kumar
Harinder Kumar
Rakesh Kumar Garg
As recorded by the court registry
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