Dismissed

Paramjit Bhandari v. Rakesh Mehta & Anr.

Punjab & Haryana HC12 Sept 2013CR/5011/2012

Case brief

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What is this about?

In a revision against warrants of eviction under the Rent Restriction Act, the High Court dismissed the petition as infructuous after the parties settled the dispute, fulfilling payment terms and receiving the mortgage deed, with mutual agreement to withdraw suits and extinguish the landlord's title.

What did the court decide?

Revision petition dismissed as infructuous due to comprehensive settlement and performance of agreed terms by parties.

Paramjit Bhandari Vs Rakesh Mehta & Anr. — Property and Title | Punjab & Haryana HC (2013)

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CR 5011/2012(O&M)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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CR 5011/2012(O&M) Date of decision:12/09/2013

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Paramjit Bhandari

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

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Rakesh Mehta and another

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

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CORAM: HON'BLE MR.JUSTICE JASWANT SINGH

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Present:Mr.Harsh Aggarwal,Advocate for the petitioner/JD No.2. Mr.GS Bains,Advocate for the contesting respondent no.1/DH.

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Jaswant Singh,J.(Oral)

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The sub-tenant Paramjit Bhandari/JD No.2 is in revision under Section 15(5) of the East Punjab Urban Rent Restriction Act,1949 assailing the order dated 5.6.2012 passed by the learned Executing Court whereby in pursuance to the eviction decree dated 21.8.2008(P6) passed by the learned Rent Controller, Rajpura in favour of the landlord/DH-Rakesh Mehta, warrants of possession in respect of residential house measuring 3 biswas have been issued and the objections filed by the petitioner/JD no.2 dismissed.

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It is claimed by the petitioner/JD No.2 that he had become owner of the demised premises pursuant to a registered sale deed dated 23.7.2009 (P8) executed by the original owner-Ajit Lal.

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During the course of hearing on the earlier date keeping in

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view the over all nature of the dispute between the parties, they hadJoshi Rajinder Prashad 2013.09.12 17:13 I attest to the accuracy of this Order. High Court, Chandigarh.

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CR 5011/2012(O&M)

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settled their inter se dispute by arriving at a comprehensive settlement, whereby it was agreed that petitioner/JD No.2 would pay a sum of Rs.5 lacs towards full and final settlement of arrears of rent and the mortgage amount. In return respondent no.1/DH would ensure that the mortgage deed dated 27.1.1998 of the aforesaid property lying mortgaged would be returned.

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A sum of Rs.2.50 lacs towards part payment was made by the petitioner on 2.5.2013 and the same was accepted.

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At the time of hearing today the remaining amount of Rs.2.50 lacs by way of Demand Draft No.624618 dated 17.8.2013 has also been made and accepted by the counsel on behalf of respondent no.1/DH and in return he has also handed over the copy of the original mortgage deed to the counsel for petitioner/JD No.2. It is further agreed that both sides would withdraw their respective suits relating to the aforesaid residential house and the respondent/DH would have no right, title or interest in the said residential property.

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In view of the above circumstances, it is agreed between the

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parties that the present revision petition has become infructuous.

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Dismissed as infructuous.

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12.09.2013. joshi

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(Jaswant Singh) Judge

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Joshi Rajinder Prashad 2013.09.12 17:13 I attest to the accuracy of this Order. High Court, Chandigarh.

Paramjit Bhandari v. Rakesh Mehta & Anr.

Case brief

What is this about?

What did the court decide?

Paramjit Bhandari v. Rakesh Mehta & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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