Dismissed

M/S Faquir Chand Karwa and Sons and Anr. v. Vinod Kapoor and Ors.

Punjab & Haryana HC23 Jul 2013CR/3372/2013

Case brief

AI extract

What is this about?

Tenants' revision petition challenging eviction order on grounds of landlords bona fide personal necessity was dismissed as not pressed. Petitioners granted six months to hand over possession conditionally.

What did the court decide?

Time granted until October 31, 2014, for handing over vacant possession with conditions of payment of occupation charges and undertaking to Rent Controller.

M/S Faquir Chand Karwa and Sons and Anr. Vs… — Landlord and Tenant | Punjab & Haryana HC (2013)

¶1

C.R.No.3372 of 2013 (O&M)

¶2

¶3

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶4

C.R.No.3372 of 2013 (O&M) Date of decision:23.07.2013

¶5

M/s Faquir Chand Karwa & another

¶6

....Petitioners

¶7

Versus

¶8

Vinod Kapoor & others

¶9

....Respondents

¶10

CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR GARG

¶11

Whether reporters of local newspapers may be allowed to see judgment?

¶12

To be referred to reporters or not?

¶13

Whether the judgment should be reported in the Digest?

¶14

Present:- Mr. Chetan Mittal, Sr. Advocate with Mr. Kunal Mulwani, Advocate for the petitioners.

¶15

Mr. M.L.Sarin, Sr. Advocate with Ms. Hemani Sarin, Advocate and Mr. P.C.Goyal, Advocate for respondents No.1 to 7.

¶16

RAKESH KUMAR GARG, J (ORAL)

¶17

This is tenants' revision petition, challenging the order dated 06.01.2011 of the Rent Controller, Chandigarh, whereby their eviction has been ordered from the demised premises on the ground of bona fide need of the respondent-landlords and the judgment dated 05.02.2013 of the Appellate Authority, Chandigarh, dismissing their appeal against the order of eviction passed by the Rent Controller.

¶18

Kadian Savita 2013.07.25 10:33 I attest to the accuracy and integrity of this document High Court Chandigarh

¶19

C.R.No.3372 of 2013 (O&M)

¶20

¶21

The Courts below, on appreciation of the evidence on record, have recorded a concurrent finding that the respondentlandlords require the demised premises for their bona fide personal necessity.

¶22

Even before this Court, learned counsel for the petitioners has remained unsuccessful to challenge the aforesaid findings by pointing out any material irregularities.

¶23

Faced with the aforesaid situation, counsel for the petitioners has submitted that the demised premises is a commercial property, wherein the petitioners are running their business and thus, petitioners are ready to hand over the vacant possession of the same to the respondent-landlords, if sufficient time is given to them.

¶24

Learned counsel for the petitioners has further stated that the petitioners shall pay monthly charges for the use and occupation of the premises upto the date of handing over of the vacant possession of the demised premises to the respondent-landlords @ ` 50,000/-p.m. Learned counsel has further stated that the petitioners shall hand over the vacant possession of the demised premises to the respondent-landlords on or before the expiry of the time granted by this Court. He further stated that the petitioners shall file an undertaking before the Rent Controller in this regard. Counsel for the petitioners has further prayed that this petition be dismissed as not pressed.

¶25

Kadian Savita 2013.07.25 10:33 I attest to the accuracy and integrity of this document High Court Chandigarh

¶26

C.R.No.3372 of 2013 (O&M)

¶27

¶28

Thus, keeping in view the submissions made, the revision petition is dismissed as not pressed. However, the petitioners are granted time upto 31.10.2014 to hand over the vacant possession of the demised premises to the respondent-landlords, subject to payment of use and occupation charges @ ` 50,000/- p.m., as stated above and also furnishing of an undertaking of the petitioners before the Rent Controller within one month from today to hand over the vacant possession of the demised premises on or before the expiry of the stipulated period upto i.e. 31.10.2014. Petitioners shall be at liberty to initiate execution of the eviction order forthwith in case of violation of any of the conditions noticed above.

¶29

It is made clear that the parties shall be bound by the submissions made on their behalf by their counsel before this Court.

¶30

In case of non-compliance of the order passed by this Court, the petitioners shall also be liable for initiation of contempt proceedings for contempt of this Court in addition to the execution of the eviction order.

¶31

July 23, 2013 savita

¶32

(RAKESH KUMAR GARG) JUDGE

¶33

Kadian Savita 2013.07.25 10:33 I attest to the accuracy and integrity of this document High Court Chandigarh

M/S Faquir Chand Karwa and Sons and Anr. v. Vinod Kapoor and Ors.

Case brief

What is this about?

What did the court decide?

M/S Faquir Chand Karwa and Sons and Anr. v. Vinod Kapoor and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

M/S Rajesh Vij & Co. Vs Partap Singh

Pardeep Kumar Vs Manjit Kaur & Ors.

Kuldip Singh Tamber Vs Gurjit Singh and Ors.

Inderjit Kaur and Others Vs Varinder Kumar and Others

Kulwant Kaur Vs Gian Singh Mann and Ors.

Kulwant Kaur Vs Gian Singh Mann and Ors.