Dismissed

Baldev Kumar v. Shanti Devi

Punjab & Haryana HC21 Aug 2013CR/6596/2011

Case brief

AI extract

What is this about?

The High Court accepted a landlord's revision petition against an appellate order granting the tenant time to pay rent. The Court upheld eviction but extended the time for vacant possession to nine months, conditional on immediate payment of arrears and future rent, with a threat of contempt for non-compliance.

What did the court decide?

Eviction upheld; tenant granted nine months to vacate on condition of paying arrears and future rent; liability for contempt for non-compliance.

Baldev Kumar Vs Shanti Devi — Landlord and Tenant | Punjab & Haryana HC (2013)

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C.R.No.6596 of 2011

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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C.R.No.6596 of 2011 Date of decision:21.08.2013

Baldev Kumar

....Petitioner

Versus

Shanti Devi

....Respondent

CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR GARG

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Present:- Mr. N.S.Thind, Advocate for the petitioner.

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Mr. Divanshu Jain, Advocate for the respondent.

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RAKESH KUMAR GARG, J (ORAL)

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This is landlord's revision petition challenging the order dated 09.09.2011 of the Appellate Authority, Faridkot, whereby the appeal filed by the tenant-respondent has been accepted and he has been allowed to make the payment of arrears of rent within two months from the date of order of the Appellate Authority, despite the fact that tenant-respondent had denied the relationship of landlord and tenant.

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Counsel for the respondent-tenant could not support the impugned order and faced with this situation has stated that the tenant-respondent is ready to hand-over the vacant possession of the demised premises and she be given reasonable time to vacate the demised premises and to hand-over the same to the petitioner-

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Kadian Savita 2013.08.22 13:47 I attest to the accuracy and integrity of this document High Court Chandigarh

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C.R.No.6596 of 2011

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landlord.

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However, counsel for the petitioner-landlord has submitted that tenant should be directed to make payment of all the arrears of rent till date and she should also make payment of the rent upto date and continue to pay the rent till the handing over of the vacant possession. He has further submitted that she should also be directed to file an undertaking before the Rent Controller that she shall hand-over the vacant possession of the demised premises on or before the expiry of the stipulated period.

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Counsel for the tenant-respondent has no objection to the aforesaid averments made on behalf of counsel for the landlordpetitioner.

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Keeping in view the consensus reached between the parties, revision petition of the landlord-petitioner is accepted and eviction of the tenant-respondent is upheld from the demised premises and the order of the Appellate Authority is set aside.

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However, tenant-respondent is granted 09 months' time from today i.e. upto 20.5.2014 to hand-over the vacant possession of the demised premises to the petitioner-landlord subject to the conditions of making payment of arrears of rent and also to pay the future rent within one month from today. She shall also file an undertaking before the Rent Controller with regard to handing over the vacant possession of the demised premises on or before the expiry of the stipulated period.

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Kadian Savita 2013.08.22 13:47 I attest to the accuracy and integrity of this document High Court Chandigarh

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C.R.No.6596 of 2011

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It is made clear that the parties shall be bound by the submissions made on their behalf by their counsel before this Court.

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In case of violation of any of the conditions, the landlord shall be entitled to execute the eviction order forthwith.

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In case of non-compliance of the order passed by this Court, the respondent shall also be liable for initiation of contempt proceedings for contempt of this Court in addition to the execution of the eviction order.

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Dismissed.

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August 21, 2013 savita

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(RAKESH KUMAR GARG) JUDGE

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Kadian Savita 2013.08.22 13:47 I attest to the accuracy and integrity of this document High Court Chandigarh

Baldev Kumar v. Shanti Devi

Case brief

What is this about?

What did the court decide?

Baldev Kumar v. Shanti Devi

Case brief

What is this about?

What did the court decide?

What the court decided

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