Dismissed

Ashok Kumar and Anr. v. Radha Kishan and Ors.

Punjab & Haryana HC21 Jan 2014CR/233/2014

Case brief

AI extract

What is this about?

In an ejectment petition under the Haryana Urban (Control of Rent & Eviction) Act, 1973, the petitioner-tenant sought to vacate premises after 31 years. The High Court dismissed the revision on merits but granted a 2-month extension to vacate by 31.12.2014, contingent on filing an undertaking with the Rent Controller and clearing arrears of rent.

What did the court decide?

Dismissal of revision petition on merits; order allowing petitioner to vacate premises on or before 31.12.2014, subject to filing undertaking with Rent Controller and payment of arrears.

Ashok Kumar and Anr. Vs Radha Kishan and Ors. — Landlord and Tenant | Punjab & Haryana HC (2014)

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Civil Revision No. 233 of 2014 (O&M)

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In the High Court of Punjab and Haryana at Chandigarh

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Civil Revision No. 233 of 2014 (O&M) Date of Decision: 21.1.2014.

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Ashok Kumar and another

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.......Petitioners

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Versus

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Radha Kishan and others

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.......Respondents

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CORAM: HON'BLE MRS. JUSTICE SABINA

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Present: Petitioner No. 1 in person along with Mr. B.R.Gupta, Advocate.

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Respondent No. 1 in person along with Mr. Anurag Jain, Advocate. ****

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SABINA, J.

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Respondent No. 1 had filed the petition under Section 13 of the Haryana Urban (Control of Rent & Eviction) Act, 1973 seeking ejectment of the petitioners and respondents No. 2 and 3. The learned Rent Controller vide order dated 24.12.2010 allowed the ejectment petition. The said judgment was upheld by the Appellate Authority vide judgment dated 30.11.2013. Hence, the present petition by the petitioner-tenant.

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Learned counsel for the petitioners has submitted that he does not press the revision petition on merits and prayed that petitioners were running their business in the shop in question since the year 1947 and petitioners undertake to vacate the premises in question on or before 31.12.2014.

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The said request has not been opposed by counsel for the caveator/respondent No. 1 on instructions from respondent No. 1, who is present in person.

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In view of submissions made by the learned counsel for

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Singh Gurpreet 2014.01.23 15:04 I attest to the accuracy and integrity of this document chandigarh

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Civil Revision No. 233 of 2014 (O&M)

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the petitioners, this revision petition is dismissed on merits. However, petitioners are granted time to vacate the demised premises i.e. on or before 31.12.2014. This order shall operate subject to filing of an undertaking by the petitioners in this regard before the learned Rent Controller within 15 days from the date of receipt of certified copy of this order and on making payment of the entire arrears of rent, if any due, within a period of 4 weeks from today and shall also keep on paying the rent of ensuing months up to 31.12.2014 to the respondent, as assessed by the Appellate Authority, on or before 10th of each calendar month.

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(SABINA) JUDGE

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January 21, 2014 Gurpreet

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Singh Gurpreet 2014.01.23 15:04 I attest to the accuracy and integrity of this document chandigarh

Ashok Kumar and Anr. v. Radha Kishan and Ors.

Case brief

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Ashok Kumar and Anr. v. Radha Kishan and Ors.

Case brief

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