Disposed

Om Parkash v. Shiromani Gurudwara Sangat Sahib

Punjab & Haryana HC25 Jan 2019CR/6687/2018

Case brief

AI extract

What is this about?

Single judge allowed time to petitioner-tenant to vacate rented shop till 31.12.2019 on terms of depositing due rent within two weeks and paying mesne profits monthly, subject to affidavit before executing court. Default would attract immediate execution of ejectment order against landlord.

What did the court decide?

Time granted till 31.12.2019 to vacate subject to payment of rent/mesne profits and filing of undertaking affidavit.

Om Parkash Vs Shiromani Gurudwara Sangat Sahib — Landlord and Tenant | Punjab & Haryana HC (2019)

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CR-6687-2018

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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Civil Revision No.6687 of 2018 (O&M) Date of Decision: January 25, 2019.

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Om Parkash

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......PETITIONER(s).

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VERSUS

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Shiromani Gurudwara Sangat Sahib

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....RESPONDENT(s).

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CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

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Present: Mr. Ashok Kumar Sama, Advocate for the petitioner (s).

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SURINDER GUPTA, J.(Oral)

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After arguing for some time, learned counsel for the petitioner submits that he has instructions not to press this petition on merits and prays for time to the petitioner to search for alternate premises and vacate the shop in question. He further submits that respondentlandlord has put forth requirement of the shop in dispute and adjoining shop in possession of Dr. Sukhmander Singh. In CR-6533-2018, Sukhmander Singh has been allowed time to vacate his shop on or before 31.12.2019. The shop in dispute can be used along with the shop to be vacated by Dr. Sukhmander Singh on 31.12.2019, as such, he be also allowed time upto 31.12.2019 to vacate the shop in dispute.

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Perusal of order dated 17.12.2018 passed in CR-6533-2018 shows that the time to the tenant in adjoining shop has been allowed upto

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SACHIN MEHTA 2019.01.28 12:16 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

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CR-6687-2018

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31.12.2019 to vacate the shop. On the same terms, petitioner is also allowed time upto 31.12.2019 to vacate the shop and hand over the vacant possession to the respondent, subject to the following terms:-

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(i) The petitioner-tenant will pay/deposit the entire due rent/mesne profits upto 31^st January, 2019 within two weeks.

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(ii) He will keep on paying/depositing the advance rent/mesne profits of subsequent months upto 31.12.2019 on or before 10^th day of each month.

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(iii) He will file affidavit before the Executing Court within three weeks giving details of entire payment of rent/mesne profits and undertaking to vacate and hand over the vacant possession of the demised premises to the respondent on or before 31.12.2019.

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In case of default in compliance of any of the above terms, the respondent-landlord will be entitled to execute the order of ejectment forthwith.

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The order has been passed in the absence of respondent to avoid unnecessary delay and expenses. A copy of this order be conveyed to the respondent. In the event of respondent having any objection, he/she may file application to that effect. On receipt of the application, the same be listed for hearing.

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( SURINDER GUPTA ) January 25, 2019. JUDGE Sachin M. Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No

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SACHIN MEHTA 2019.01.28 12:16 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

Om Parkash v. Shiromani Gurudwara Sangat Sahib

Case brief

What is this about?

What did the court decide?

Om Parkash v. Shiromani Gurudwara Sangat Sahib

Case brief

What is this about?

What did the court decide?

What the court decided

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