Partly allowed

Jaswant Singh v. Din Dayal

Punjab & Haryana HC3 Jul 2013CR/3884/2013

Case brief

AI extract

What is this about?

Petitioner challenged eviction order based on landlord's bona fide need. Court found finding unassailable. Decided to allow six months for handover of vacant possession subject to rent payment and undertaking. Dismissed revision petition on merits.

What did the court decide?

Petitioner granted six months time to hand over vacant possession subject to payment of rent and filing undertaking with Rent Controller.

Jaswant Singh Vs Din Dayal — Landlord and Tenant | Punjab & Haryana HC (2013)

¶1

IN THE HIGH COURT OF PUNJAB AND HARYANA

¶2

AT CHANDIGARH.

¶3

CR No.3884 of 2013 (O&M) Date of decision: 3.7.2013

Jaswant Singh

-----Petitioner(s)

Vs.

Din Dayal

-----Respondent(s)

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

¶10

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

¶11

To be referred to reporters or not?

¶12

Whether the judgment should be reported in the Digest?

¶13

Present:Mr. Munish Kumar Garg, Advocate for the petitioner. ---

¶14

RAKESH KUMAR GARG, J.

¶15

This is tenant’s revision petition, challenging the order dated 11.5.2011 of the Rent Controller, Jind, whereby his eviction has been ordered from the demised premises on the ground of bona fide need of the respondent-landlord and the judgment dated 11.4.2013 of the Appellate Authority, Jind, dismissing his appeal against the order of eviction passed by the Rent Controller.

¶16

CR No. 3884 of 2013

¶17

¶18

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

¶19

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

¶20

Faced with the aforesaid situation, counsel for the petitioner has submitted that the demises premises is a shop, wherein the petitioner is running his business and thus, petitioner is ready to hand over the vacant possession of the same to the respondent-landlord if sufficient time is given to him.

¶21

Learned counsel for the petitioner has further stated that the petitioner shall pay usual monthly rent upto the date of handing over of the vacant possession of the demised premises to the respondent-landlord as charges for the use and occupation of the same. Learned counsel has further stated that the petitioner shall hand over the vacant possession of the demised premises to the respondent-landlord on or before the expiry of the time granted by this Court. He further stated that the petitioner shall file an undertaking before the Rent Controller in this regard.

¶22

Thus, keeping in view the submissions made, the revision petition is dismissed, on merits. However, the petitioner is granted six months’ time from today to hand over the vacant

¶23

CR No. 3884 of 2013

¶24

¶25

possession of the demised premises to the respondent-landlord, subject to payment of rent etc., as stated above and also furnishing of an undertaking of the petitioner 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 of six months upto 31.12.2013.

¶26

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

¶27

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.

¶28

July 03, 2013 ( RAKESH KUMAR GARG ) ak JUDGE

Jaswant Singh v. Din Dayal

Case brief

What is this about?

What did the court decide?

Jaswant Singh v. Din Dayal

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

Nanha Ram Vs Rajinder Kaur

State of Haryana Vs Ram Bai

Kharak Singh Vs Deputy Commissioner an Dors.

New India Ass.Co.Ltd. Vs Gomti etc.

Joginder Kumar Vs Gurmej Singh and Anrs

Municipal Corporation Rohtak Vs Shakuntla and Ors.