Dismissed

Rajiv Batra v. Davinder & Ors.

Punjab & Haryana HC27 Sept 2013CR/5418/2013

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana dismissed a revision petition against an eviction order on the ground that it was not pressed. However, the Court granted the petitioner-tenant nine months to make alternative arrangements, conditioned on furnishing an undertaking for vacant possession and rent deposit.

What did the court decide?

Petition dismissed as not pressed; nine months' time granted from 1.10.2013 for alternative arrangement, subject to undertaking for vacant possession by 30.6.2014 and rent deposit.

Rajiv Batra Vs Davinder & Ors. — Writ and Judicial Review | Punjab & Haryana HC (2013)

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Manoj Kumar 2013.10.03 10:23 I attest to the accuracy and integrity of this document High Court Chandigarh

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C.R. No.5418 of 2013 (O&M)

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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

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HARYANA AT CHANDIGARH

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C.R. No.5418 of 2013 (O&M)

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Date of Decision: 27.9.2013

Rajiv Batra

.....Petitioner(s)

Versus

Davinder and Ors.

....Respondent(s)

CORAM: HON'BLE MR. JUSTICE JASWANT SINGH

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Present: Mr. R.C. Setia, Sr. Advocate with

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Mr. Surender Singh, Advocate for the petitioners.

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JASWANT SINGH, J (ORAL)

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Tenant is in revision under Section 15 of the East Punjab Urban Rent Restriction Act, 1949 (for short “the Act”) assailing the concurrent findings recorded by the learned Rent Controller as well as learned Appellate Authority, Jalandhar whereby he has been ordered to be evicted from a House No.EG-104, situated at Mohalla Ladhowali Road, Jalandhar City, Near BSF Chowk, Jalandhar City (for short “the demised premises”) on the ground of bonafide requirement.

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After arguing for some time, learned counsel for the petitioner realizing that this Court is not inclined to interfere with the concurrent findings recorded by both the courts below, on instructions from the petitioner-tenant, who is present in court, submits that he would not press this petition but in view of the fact that the petitioner has been tenant with

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#2#

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C.R. No.5418 of 2013 (O&M)

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the demised premises since 1942, he prays for nine months' time to make alternative arrangement.

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The prayer is reasonable, hence the same is accepted without notice to the other party since the same would unnecessarily entail expenses on his part and delay.

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In view of the above, the present petition is dismissed as not pressed, however, nine 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 30.10.2013 to the Court of learned Rent Controller, Jalandhar, that he shall hand over actual physical vacant possession of the demised premises to the respondent-landlord by 30.6.2014. The undertaking shall also state that the entire arrears of rent, if any, at the already determined rate have been deposited in the Court of learned Rent Controller by 30.10.2013 and the petitioner shall continue to pay the rent in advance by 7^th 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.

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September 27, 2013 ( JASWANT SINGH ) manoj JUDGE

Rajiv Batra v. Davinder & Ors.

Case brief

What is this about?

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Rajiv Batra v. Davinder & Ors.

Case brief

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