The High Court dismissed the tenant's petition for eviction as not pressed. The respondent landlord accepted the petitioner's prayer for reasonable time and conditional extended possession.
Fifteen months time granted from 1.10.2013 to hand over vacant possession by 31.12.2014, subject to rent payment and undertaking submission.
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.
Manoj Kumar #1# 2013.09.23 14:22I attest to the accuracy and integrity of this document High Court Chandigarh
C.R. No.5236 of 2013 (O&M)
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
C.R. No.5236 of 2013 (O&M) Date of Decision: 17.09.2013
Kamal Kumar Jaura
.....Petitioner(s)
Versus
Om Parkash Sharma
....Respondent(s)
CORAM: HON'BLE MR. JUSTICE JASWANT SINGH
Present: Mr. Baljinder Singh, Advocate for the petitioner.
JASWANT SINGH, J (ORAL)
Tenant is in revision under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 (for short “the Act”) aggrieved against the order dated 8.9.2012 passed by the learned Rent Controller, Chandigarh as also the order dated 1.8.2013 passed by the learned Appellate Authority, Chandigarh whereby he has been ordered to be evicted from the demised premises comprising Front half portion plus store-kitchen with common bath room on first floor of SCO No.167, Sector 37-C, Chandigarh (for short “demised premises”) on the ground of personal necessity; and the findings affirmed in appeal.
At the time of hearing, on instructions from his client, learned counsel for the petitioner-tenant, restricts his prayer for grant of reasonable time to vacate the demised premises, wherein he has his business since the year 1989.
Notice of motion.
At this stage, respondent-landlord, who is present in court, accepts notice and states that he has no objection to grant of any reasonable time deemed fit by this Court. He, however, submits that the tenant has not paid the amount of mesne profits at the rate of Rs.25000/- per month w.e.f
C.R. No.5236 of 2013 (O&M)
#2#
August 2013.
Keeping in view the fact that the tenant has his Tailoring and Embroidery shop in the demised premises since the year 1989 and he has earned sufficient goodwill, it is deemed appropriate to grant him fifteen months time w.e.f 1.10.2013 to hand over vacant possession.
Respondent-landlord, who is present in court, accepts the aforesaid proposal provided the tenant continues to pay the rent at the rate of Rs.25000/- per month.
In response, learned counsel for the tenant has agreed to the
said offer.
In view of the above, the present petition is dismissed as not pressed, however, fifteen months time commencing with effect from 1.10.2013 is granted to the petitioner-tenant for making alternative arrangement subject to his furnishing an undertaking on or before 7.10.2013 to the Court of learned Rent Controller, Chandigarh, that he shall hand over actual physical vacant possession of the demised premises to the respondent-landlord by 31.12.2014. The undertaking shall also state that the entire arrears of mesne profits @ Rs.25,000/- (including rent) w.e.f August 2013 have been paid to the landlord by 7.10.2013 and the respondent shall continue to pay the rent at the rate of Rs.25000/- per month in advance by 7th of each calendar month. Needless to say that any violation of the terms shall entitle the landlord to seek his eviction forthwith with police help, if necessary without recourse to any other remedy besides the petitioner-tenant making himself liable in contempt proceeding.
September 17, 2013 manoj
( JASWANT SINGH ) JUDGE
2 issues framed by the court
Whether the tenant should be granted reasonable time to vacate the premises instead of immediate eviction.
Whether the tenant can make alternative arrangements for a specific period prior to handing over possession.
1 provisions across 1 enactments
Kamal Kumar Jaura
Om Parkash Sharma
Jaswant Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
