High Court disposed of an appeal in a possession suit by granting the tenant 1.5 years to vacate premises upon payment of arrears and monthly rent, failing which eviction will be enforced.
Appellant granted 1.5 years to vacate; must pay Rs. 1000/month rent in advance and clear arrears; possession by 30.4.2015.
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RSA 3137/2013
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
RSA No.3137/2013 Date of decision:22/10/2013
Kamaljit
.............Appellant
v.
Ramesh Kumar and another
.............Respondents
CORAM: HON'BLE MR.JUSTICE JASWANT SINGH
Present:Mr.Ramesh Sharma,Advocate for the appellant/defendant
Jaswant Singh,J.(Oral)
Defendant/tenant is in second appeal against the judgement of reversal dated 31.1.2013 passed by the learned Additional District Judge, Jalandhar whereby in a suit for possession and recovery, after issuance of notice under Section 106 of the Transfer of Property Act, the defendant has been ordered to handover the possession of the demised premises comprising one shop measuring 15' x 11'4” situated at Main Bazar, Shankat Patti Takhar, Tehsil Nakodar, District Jalandhar alongwith arrears of rent.
At the time of hearing, learned counsel for the
defendant/appellant on instructions from the appellant, who is presentJoshi Rajinder Prashad 2013.10.22 16:16 I attest to the accuracy of this Order. High Court, Chandigarh.
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RSA 3137/2013
in Court prays for grant of some reasonable time to vacate the demised premises. To show his bona fide, the appellant has brought a demand draft in favour of landlord/plaintiff no.1 Ramesh Kumar for a sum of Rs.50,000/- towards the arrears of rent in terms of the decree.
Notice of motion.
At this stage, Mr.Surinder Sharma,Advocate has put in appearance on behalf of the respondents/landlords and submits his vakalatnama. He states that he has no objection if the appellant is granted 1½ year's time w.e.f. 1.11.2013 to handover the vacant possession of the demised shop provided appellant continues to pay future rent @ Rs.1000/- (Rupees one thousand only) per month in advance by seventh of each calendar month. He has accepted the demand draft of Rs.50,000/- towards arrears of rent.
In response, learned counsel for the appellant readily accepts the offer made on behalf of the respondents/plaintiffslandlords.
In view of the aforesaid agreed stand, the present Regular Second Appeal is disposed of with the direction that the appellant/defendant-tenant is granted 1½ year's time commencing w.e.f. 1.11.2013 for making alternative arrangement to shift his business and that he shall hand over actual, physical, vacant and peaceful possession of the demised shop to the respondents/landlords on or before 30.4.2015. The petitioner shall also clear arrears of rent, if any, at the
pre determined rate of rent. Further the petitioner shall pay future rentJoshi Rajinder Prashad 2013.10.22 16:16 I attest to the accuracy of this Order. High Court, Chandigarh.
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RSA 3137/2013
@ Rs.1000/- per month in advance by 7th of every month for the 1½ years granted to him commencing from 1.11.2013.
Needless to say that any violation of the aforesaid terms shall entitle the landlords to seek appellant's eviction forthwith with police help, if necessary, without recourse to any other remedy besides the appellant/tenant making himself liable to be hauled up in contempt proceedings.
22.10.2013. (Jaswant Singh) joshi Judge
Joshi Rajinder Prashad 2013.10.22 16:16 I attest to the accuracy of this Order. High Court, Chandigarh.
Kamaljit
Ramesh Kumar
Jaswant Singh
As recorded by the court registry
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