Petitioner withdrew revision petition for eviction due to unfit premises but sought time to vacate. Court granted 6 months to relocate and emphasized strict compliance with undertaking to vacate possession and clear rent.
Petitioner granted 6 months to vacate premises, subject to undertaking for possession handover and rent clearance.
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CR 7003/2013(O&M) 1
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CR 7003/2013(O&M) Date of decision:03.12.2013
Raju Sarin
.............Petitioner
v.
Subhash Chander Madhok
.............Respondent
CORAM: HON'BLE MR.JUSTICE JASWANT SINGH
Present:Mr.Amit Aggarwal,Advocate for the petitioner/tenant
Jaswant Singh,J.
The petitioner/tenant is in revision aggrieved against the concurrent findings recorded by both the Authorities below whereby he has been ordered to be evicted from the demised premises bearing MC No.336, Madhokpura Mohalla, Kamal Cinema Road, Bathinda by the learned Rent Controller, Bathida vide judgment dated 29.2.2012 and the findings thereof duly affirmed by the learned Appellate Authority, Bathinda vide judgment dated 30.8.2013 on the ground that the building is unfit and unsafe for human habitation.
After arguing for sometime and realising that the Court is not inclined to interfere with the impugned orders, learned counsel for the petitioner on instructions,submits that he would withdraw theJoshi Rajinder Prashad 2013.12.03 15:21 I attest to the accuracy of this Order. High Court, Chandigarh.
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petition provided some reasonable time is granted to make alternative arrangement to vacate the demised premises, at petitioner's own risk and responsibility in view of the findings that the building is unfit and unsafe.
The prayer made is just, reasonable and liable to be accepted.
In view of the order that is being passed hereinafter, I do not deem it necessary to issue notice of motion to the respondent/landlord.
In view of the prayer made by the learned counsel for the petitioner, the present revision petition is dismissed as not pressed, however 6 months' time commencing from 1.1.2014 is granted to the petitioner/tenant, at his own risk and responsibility, for making alternative arrangement to vacate the demised premises subject to his furnishing an undertaking on or before 24.12.2013 before the learned Rent Controller, Bathinda that he shall hand over actual, physical, vacant and peaceful possession of the demised shop to the respondent/landlord on or before 30.6.2014. The petitioner shall also clear arrears of rent, if any, at the pre determined rate of rent and the said fact shall also be mentioned in the undertaking that the petitioner has cleared arrears of rent,if any. Further the petitioner shall pay future rent in advance by 10th of every month for the 6 months' time granted to him commencing from 1.1.2014.
Needless to say that any violation of the aforesaid termsJoshi Rajinder Prashad 2013.12.03 15:21 I attest to the accuracy of this Order. High Court, Chandigarh.
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shall entitle the landlord to seek petitioner's eviction forthwith with police help, if necessary, without recourse to any other remedy besides the petitioner/tenant making himself liable to be hauled up in contempt
proceedings.
03.12.2013 joshi
(Jaswant Singh) Judge
Joshi Rajinder Prashad 2013.12.03 15:21 I attest to the accuracy of this Order. High Court, Chandigarh.
2 issues framed by the court
Whether to grant time to the tenant to vacate the demised premises when the future eviction order is not being pressed by the petitioner.
Whether to allow the petitioner reasonable time to make alternative arrangements to vacate the unfit premises.
Raju Sarin
Subhash Chander Madhok
Jaswant Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
