Revision petition dismissed as infructuous due to compromise in connected matter where tenant undertook vacate premises by October 2016.
Petition dismissed as infructuous; parties bound by statements; landlord entitled to possession on violation.
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CR 7539/2012(O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CR 7539/2012(O&M) Date of decision:17.12.2013
M.S. Walia
.............Petitioner
v.
Venus Cable Industries and another
.............Respondents
CORAM: HON'BLE MR.JUSTICE JASWANT SINGH
Present:Mr.Vikas Behl,Avdocate for the petitioner
Jaswant Singh,J.(Oral)
The landlord through his GPA holder Sh.Amresh Jain has filed the present revision petition against the concurrent judgments passed by both the Authorities below whereby the eviction application seeking the ejectment of the tenant from the showroom measuring 50' x 20' plus basement of Shed No.183, Industrial Area, Phase II,Chandigarh was dismissed by the learned Rent Controller, Chandigarh vide judgment dated 5.3.2011 and the appeal filed by the landlord was also dismissed by the learned Appellate Authority vide order dated 12.9.2012.
Learned counsel for the petitioner/landlord states that in view of comprehensive compromise arrived at between the parties inJoshi Rajinder Prashad 2013.12.18 11:33 I attest to the accuracy of this Order. High Court, Chandigarh.
CR 7539/2012(O&M) 2
the connected CR No.7741/2012, the present revision petition has become infructuous.
Notice of motion.
Mr.Kunal Mulwani,Advocate accepts notice on behalf of the respondents/tenants on instructions from Mr.Satish Goel, who is present in Court and submits his vakalatnama.
Learned counsel for the respondents/tenants on instructions does not dispute the aforesaid contention raised on behalf of the landlord. He states that the statement of Mr.Satish Goel, Proprietor of the tenant firm has been recorded in the connected CR 7741/2012 whereby he has undertaken to vacate the present premises also by 31.10.2016. However, by way of abundant precaution his statement has also been recorded in the present case.
In view of the aforesaid circumstances the present revision petition is dismissed as infructuous. The parties shall be bound by their respective statements. Needless to say, for any violation of the terms and conditions by the tenant, the landlord shall be entitled to immediate possession of the demised premises with police help, if necessary, without recourse to any other remedy besides the parties making themselves liable for contempt proceedings before this Court.
17.12.2013 joshi
(Jaswant Singh) Judge
Joshi Rajinder Prashad 2013.12.18 11:33 I attest to the accuracy of this Order. High Court, Chandigarh.
M.S. Walia
Venus Cable Industries
Jaswant Singh
As recorded by the court registry
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