Dismissed

Hari Narain Gupta v. Harish Chander and Ors.

Punjab & Haryana HC6 Sept 2013CR/3641/2013

Case brief

AI extract

What is this about?

In a revision regarding eviction, the petitioner tenant restricted his prayer to obtain time for vacant possession. The court dismissed the revision as not pressed but granted six months time contingent on clearing arrears and paying future rent, subject to eviction on violation.

What did the court decide?

Petition dismissed as not pressed; six months time granted for handover possession subject to rent payment conditions.

Hari Narain Gupta Vs Harish Chander and Ors. — Landlord and Tenant | Punjab & Haryana HC (2013)

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CR 3641/2013

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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CR 3641/2013 Date of decision:06/09/2013

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Hari Narain Gupta

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

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Harish Chander and others

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.............Respondents

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CORAM: HON'BLE MR.JUSTICE JASWANT SINGH

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Present:Mr.Sanjay Jain,Advocate alongwith Mr.Hari Narain Gupta,petitioner in person.

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Mr.Jai Kumar Chauhan,Advocate alongwith Mr.Harish Chander-respondent no.1/landlord in person.

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Jaswant Singh,J.(Oral)

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The tenant is in revision against the concurrent findings recorded by both the Authorities below whereby he has been evicted from the first and second floor of property bearing NO.599, Main Bazar,Kalka, District Panchkula by the learned Rent Controller, Panchkula vide judgement dated 21.10.2010 which findings have been affirmed by the learned Appellate Authority, Panchkula vide judgement dated 15.4.2013 while dismissing the appeal of the tenant.

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During the course of hearing on 19.7.2013, the learned

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counsel for the petitioner on instructions, had restricted his prayer forJoshi Rajinder Prashad 2013.09.06 15:39 I attest to the accuracy of this Order. High Court, Chandigarh.

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CR 3641/2013 2 grant of reasonable time for handing over vacant possession. Accordingly, notice of motion was issued to the aforesaid limited extent only.

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Today, learned counsel for the petitioner, on instructions from the petitioner, who is present in Court, states that he does not press this petition provided a period of six months commencing w.e.f. 1.9.2013 is granted to the petitioner to handover vacant possession of the demised premises to the respondents/landlords.

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Learned counsel for the respondents/landlords, on

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instructions from the respondent no.1, who is present in Court, has graciously accepted the proposal provided the petitioner/tenant clears arrears of rent upto 31.8.2013 at the already agreed rate and the future rent for the six months' period is paid at the rate of Rs.2000/- per month.

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In view of the agreed stand taken by the learned counsel for the parties, the present revision petition is dismissed as not pressed, however 6 months' time commencing from 1.9.2013 is granted to the petitioner/tenant to handover actual, physical, peaceful and vacant possession of the demised premises to the respondents/landlords subject to his furnishing an undertaking on or before 30.9.2013 before the learned Rent Controller, Panchkula that he shall hand over actual, physical, vacant and peaceful possession of the demised premises to the respondents/landlords by 28.2.2014 and that he has already cleared

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arrears of rent payable till 31.8.2013 and continue to pay future rent forJoshi Rajinder Prashad 2013.09.06 15:39 I attest to the accuracy of this Order. High Court, Chandigarh.

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CR 3641/2013

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the period of six months commencing 1.9.2013 to 28.2.2014@ Rs.2000/- per month in advance by 7^th of each calendar month.

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Needless to say that any violation of the aforesaid terms shall entitle the landlords 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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06.09.2013. joshi

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(Jaswant Singh) Judge

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Joshi Rajinder Prashad 2013.09.06 15:39 I attest to the accuracy of this Order. High Court, Chandigarh.

Hari Narain Gupta v. Harish Chander and Ors.

Case brief

What is this about?

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Hari Narain Gupta v. Harish Chander and Ors.

Case brief

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What did the court decide?

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