Revision against eviction order dismissed due to 269-day delay condonation failing. Petitioner incidentally concedes vacant possession handed over to landlord.
Revision petition and application for condonation of delay dismissed.
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CR 6019/2013
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CR 6019/2013 Date of decision:11/10/2013
Sandeep Gaur
.............Petitioner
v.
Renu Bala and others
.............Respondents
CORAM: HON'BLE MR.JUSTICE JASWANT SINGH
Present:Mr.Anil Malik,Advocate for the petitioner.
Jaswant Singh,J.(Oral)
The sub-letee/tenant no.2 is in revision against the judgment of reversal dated 4.10.2012 whereby the learned Appellate Authority, Bhiwani has ordered the eviction of the tenants on the ground of sub-letting while setting aside the judgment dated 16.2.2012 passed by the learned Rent Controller, Bhiwani dismissing the eviction petition of the respondent/landlord.
Since there is delay of 269 days in filing the present revision petition, an application under Section 5 of the Limitation Act has been filed seeking condonation of said delay.
Tenant no.2/sub-letee is real brother of tenant no.1 Sanjiv Gaur, who was concededly inducted as a tenant in the demised shop byJoshi Rajinder Prashad 2013.10.11 14:52 I attest to the accuracy of this Order. High Court, Chandigarh.
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CR 6019/2013
the landlord. It is also conceded that said Sanjiv Gaur has since been appointed as ASI in Haryana Police. The Appellate Authority, Bhiwani has discarded the plea of the brothers that the sub-letee is doing business on behalf of tenant no.1 in view of the fact that he is a Government employee and cannot engage himself in any business activity. Even otherwise, there is no record produced by the tenants to substantiate their plea.
At the time of hearing, learned counsel for the petitioner/ sub-letee very fairly concedes that vacant possession of the demised premise has since been handed over to the landlord through the process of the Court.
In view of the aforesaid circumstances, the present revision petition as also application seeking condonation of delay in filing the revision petition stand dismissed.
11.10.2013. joshi
(Jaswant Singh) Judge
Joshi Rajinder Prashad 2013.10.11 14:52 I attest to the accuracy of this Order. High Court, Chandigarh.
1 issue framed by the court
Whether the revision petition filed beyond limitation based on eviction due to subletting should be allowed.
Sandeep Gaur
Renu Bala and others
Jaswant Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
