High Court disposed of a revision petition against eviction by granting the tenant 6 months' time to hand over possession under specific conditions including clearing arrears and paying rent in advance.
Granted 6 months' time commencing 1.1.2014 to hand over possession subject to condition of clearing arrears and paying rent in advance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CR 4701/2013(O&M)
115
1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CR 4701/2013(O&M) Date of decision:18.12.2013
Rajesh Kumar
.............Petitioner
v.
Raj Kumar Chauhan
.............Respondent
CORAM: HON'BLE MR.JUSTICE JASWANT SINGH
Present:Mr.S.M.Sharma,Advocate for the petitioner.
Jaswant Singh,J.(Oral)
The tenant is in revision against concurrent judgments passed by both the Authorities below whereby he was ordered to be evicted from the demised shop No.3, Raja Park, Krishna Nagar,Ambala Cantt by the learned Rent Controller, Ambala vide order dated 12.3.2012 on the ground of arrears of rent and bona fide necessity of the son of the landlord for expansion of business, and the findings thereof have been affirmed by learned Appellate Authority,Ambala vide judgment dated 12.7.2013 while dismissing the appeal of the tenant.
At the time of hearing, learned counsel for the petitioner/tenant on instructions, restricts his prayer for grant of reasonable time for handing over actual, peaceful and vacant possession of the demised shop to the respondent/landlord in view of the petitioner carrying out his motor repair business from the demised shop since 1998.
Joshi Rajinder Prashad 2013.12.18 16:08 I attest to the accuracy of this Order. High Court, Chandigarh.
CR 4701/2013(O&M)
115
2
In view of the order that is being passed, I do not deem it necessary to issue notice to the respondent.
The request made by the learned counsel for the petitioner for grant of reasonable time is justified and liable to be accepted. Accordingly, the present revision petition is disposed of by granting 6 months' time commencing from 1.1.2014 to the petitioner/tenant to handover actual, physical, peaceful and vacant possession of the demised premises to the respondent/landlord subject to his furnishing an undertaking on or before 31.1.2014 before the learned Rent Controller, Ambala that he shall hand over actual, physical, vacant and peaceful possession of the demised premises to the respondent/landlord by 30.6.2014 and that he has already cleared arrears of rent and continue to pay future rent for the period of six months commencing 1.1.2014 in advance by 10th of each calendar month.
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.
18.12.2013 joshi
(Jaswant Singh) Judge
Joshi Rajinder Prashad 2013.12.18 16:08 I attest to the accuracy of this Order. High Court, Chandigarh.
2 issues framed by the court
Whether revision for eviction be disposed of by granting time instead of immediate physical possession.
Whether undertaking to clear arrears and continue rent during the delayed period is acceptable.
Rajesh Kumar
Raj Kumar Chauhan
Jaswant Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
