Disposed

Bimal Mohan Joshi v. Vijay Kumar Sharma

Punjab & Haryana HC19 Aug 2013CR/2704/2013

Case brief

AI extract

What is this about?

Revision under Section 15(5) EPURR Act. Petitioner requested grace period to vacate due to children's schooling. Court dismissed petition as not pressed but granted 7 months' time for vacation and possession subject to payment of arrears and future rent in advance.

What did the court decide?

Revision dismissed as not pressed; Petitioner granted 7 months time to vacate subject to undertaking and payment of rent arrears and future rent in advance.

Bimal Mohan Joshi Vs Vijay Kumar Sharma — Landlord and Tenant | Punjab & Haryana HC (2013)

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CR 2704/2013(O&M)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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CR 2704/2013(O&M) Date of decision:19/08/2013

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Bimal Mohan Joshi

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.............Petitioner

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Vijay Kumar Sharma

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.............Respondent

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CORAM: HON'BLE MR.JUSTICE JASWANT SINGH

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Present:Mr.Rajiv Joshi,Advocate for the petitioner/tenant. Jaswant Singh,J.(Oral)

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Tenant/petitioner is in revision under Section 15(5) of the East Punjab Urban Rent Restriction Act,1949 (for short the EPURR Act) aggrieved against the concurrent findings recorded by both the Authorities below, whereby he has been ordered to be evicted from the demised premises i.e. residential house No.32, Jawala Nagar, Maqsudan,Jalandhar, vide order dated 6.9.2010 passed by the learned Rent Controller, Jalandhar and which findings were affirmed in appeal by the learned Appellate Authority, Jalandhar vide order dated 8.2.2013.

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At the time of hearing, learned counsel for the petitioner, on instructions from the petitioner, who is present in Court has submittedJoshi Rajinder Prashad 2013.08.19 17:19 I attest to the accuracy of this Order. High Court, Chandigarh.

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CR 2704/2013(O&M)

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that he would not press this petition provided some reasonable time is granted to the petitioner to vacate the demised premises as minor children of the petitioner are studying in local school.

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In view of the reasonable prayer made by the learned counsel for the petitioner, the present revision petition is dismissed as not pressed, however 7 months' time commencing from 1.9.2013 is granted to the petitioner/tenant for making alternative arrangement to vacate the demised premises subject to his furnishing an undertaking on or before 10.9.2013 before the learned Rent Controller, Jalandhar that he shall hand over actual, physical, vacant and peaceful possession of the demised premises to the respondent/landlord by 31.3.2014. The petitioner shall also clear arrears of rent, if any. Further the petitioner shall pay future rent in advance by 10^th of every month for the 7 months' time granted to him commencing from 1.9.2013

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Needless to say that any violation of the aforesaid terms shall entitle the landlord to seek petitioner's eviction forthwith with police help, if necessary, without recourse to any other remedy besides the petitioner/tenant making himself liable to be hauled up in contempt proceedings.

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19.08.2013. joshi

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(Jaswant Singh) Judge

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Joshi Rajinder Prashad 2013.08.19 17:19 I attest to the accuracy of this Order. High Court, Chandigarh.

Bimal Mohan Joshi v. Vijay Kumar Sharma

Case brief

What is this about?

What did the court decide?

Bimal Mohan Joshi v. Vijay Kumar Sharma

Case brief

What is this about?

What did the court decide?

What the court decided

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