Petitioner tenant withdrew eviction revision petition after agreeing to 9-months time to vacate, clear arrears, and pay future rent monthly.
Revision petition dismissed as withdrawn; 9 months time granted to vacate subject to rent clearance and undertakings.
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CR 7451/2013(O&M) 1
118
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CR 7451/2013(O&M) Date of decision:16.12.2013
Navdeep Singh Narang
.............Petitioner
v.
Kuldeep Singh Grewal
.............Respondent
CORAM: HON'BLE MR.JUSTICE JASWANT SINGH
Present:Mr.Rajesh Kataria,Advocate for the petitioner/tenant Mr.Divanshu Jain,Advocate for the respondent/landlord
Jaswant Singh,J.(Oral)
The tenant is in revision against the orders passed by both the Authorities below whereby he has been ordered to be evicted from the demised premises comprising Booth No.242, Phase VII,Mohali on the ground of short tender by the learned Rent Controller, Mohali vide order dated 13.9.2013 and affirmed by learned Appellate Authority,Mohali vide order dated 1.11.2013.
On 9.12.2013, the learned counsel for the petitioner, realising that the present revision petition has absolutely no merit, prayed for grant of sometime to vacate the demised premises subject to clearance of arrears of rent calculated by invoking the “increase” clause
Joshi Rajinder Prashad 2013.12.17 11:52 I attest to the accuracy of this Order. High Court, Chandigarh.
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of the original rent note instead of penal clause. He, however, prayed for time to contact the landlord to elicit his response.
Today, learned counsel for the petitioner, on instructions prays for withdrawal of the present revision petition subject to grant of reasonable time, in view of the petitioner carrying out “Eating Joint” business from the demised premises since 2006.
Notice of motion.
Mr.Divanshu Jain,Advocate accepts notice on behalf of the respondent/landlord and submits his vakalatnama. He, on instructions, very graciously offers grant of 9 months' time w.e.f. 1.1.2014 to petitioner to vacate the demised premises subject to clearance of arrears of rent in terms of the original rent note.
In response, learned counsel for the petitioner accepts the counter offer made by the learned counsel for the respondent/landlord.
In view of the agreed stand taken by the learned counsel for the parties, the present revision petition is dismissed as withdrawn, however 9 months' time commencing from 1.1.2014 is granted to the petitioner/tenant for making alternative arrangement to shift his business subject to his furnishing an undertaking on or before 31.1.2014 before the learned Rent Controller, Mohali that he shall hand over actual, physical, vacant and peaceful possession of the demised shop to the respondent/landlord by 30.9.2014. The petitioner shall also clear arrears of rent in terms of the last rent agreement dated
24.10.2010 by invoking the “increase” clause of 7% every year.Joshi Rajinder Prashad 2013.12.17 11:52 I attest to the accuracy of this Order. High Court, Chandigarh.
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Petitioner shall also pay future rent so last found payable w.e.f. 1.10.2013 in advance by 7th of each calendar month by depositing the same in respondent's bank account no.07942011002785, Oriental Bank of Commerce, Phase 3B-II,Mohali.
Needless to say that any violation of the aforesaid terms 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.
16.12.2013 (Jaswant Singh) joshi Judge
Joshi Rajinder Prashad 2013.12.17 11:52 I attest to the accuracy of this Order. High Court, Chandigarh.
Navdeep Singh Narang
Kuldeep Singh Grewal
Jaswant Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
