This compassless revision not pressed on merits allowed probation disposal confirming eviction order. Granted 30 days to vacate if arrears rent pays future rent deposited per terms
Allowed period to vacate premises subject to paying arrears and future rent and filing affidavit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Civil Revision No.8484 of 2018
-1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Civil Revision No.8484 of 2018 (O&M) Date of Decision: January 10, 2019
Dinesh Kumar and another
...... Petitioners
VERSUS
Amrish Kumar
..... Respondent
CORAM:- HON'BLE MS. JUSTICE JAISHREE THAKUR
Present: Mr. Jatinder Nagpal, Advocate for the petitioners-tenants.
Mr. Rakesh Gupta, Advocate for the respondent.
JAISHREE THAKUR, J.(Oral)
This Civil Revision under Article 227 of the Constitution of India has been filed by the petitioners-tenants seeking setting aside the impugned order dated 11.10.2018 (Annexure P-1) whereby the objections filed by the petitioners-tenants in the Execution Petition have been dismissed by Civil Judge (Jr. Divn.), Patiala.
Notice in the revision was issued on the statement of learned counsel for the petitioners that he does not wish to press this revision on merits but since the petitioners are doing business in the demised premises for the last 35 years some reasonable time may be granted to them to vacate the same.
SATYAWAN 2019.01.10 16:37 I attest to the accuracy and integrity of this document
Civil Revision No.8484 of 2018
-2-
Appearance has been caused by Mr. Rakesh Gupta, Advocate, by filing power of attorney on behalf of the respondent.
Learned counsel for the petitioners on instructions from the petitioners prays that that petitioners be allowed reasonable time for making arrangements of alternative accommodation as well as for vacating/handing over the possession of the tenanted premises to the respondent-landlord.
Mr. Rakesh Gupta, Advocate, appearing on behalf of the respondents, on instructions from the respondent-landlord, does not object in case, reasonable time is allowed to the petitioners-tenants to vacate the tenanted premises, subject to their depositing/clearing the entire arrears of rent upto date as well as regularly paying the future rent as assessed by the Appellate Authority and furnishing an undertaking to the effect that they will hand over vacant possession of the tenanted premises to the respondent-landlord.
In view of the above, this revision is disposed of being not pressed. The impugned order dated 11.10.2018 (Annexure P-1) whereby the objection filed by the petitioners-tenants in the Execution Petition have been dismissed, is confirmed. However, the revision petitioners are allowed period upto 30th April, 2019 to vacate the tenanted premises, subject to the following terms:-
(i) The petitioners-tenants will pay/deposit the entire due rent upto January, 2019 within a period of two weeks.
SATYAWAN 2019.01.10 16:37 I attest to the accuracy and integrity of this document
-3-
Civil Revision No.8484 of 2018
(ii) They will keep on paying/depositing the rent as assessed by the Appellate Authority of subsequent months upto 30.04.2019 on or before 7th day of each calendar month.
(iii) They shall file their joint affidavit before the Rent Controller within two weeks giving details of entire payment of rent and an undertaking to vacate and hand over vacant possession of the tenanted premises to the respondents-landlords on or before 30th April, 2019
In case, the petitioners-tenants make default of any of the above-said terms, the respondents-landlords would be entitled to execute the order of eviction forthwith.
Disposed of accordingly.
10.01.2019 (JAISHREE THAKUR) Satyawan JUDGE Whether speaking/reasoned Yes. Whether reportable No.
SATYAWAN 2019.01.10 16:37 I attest to the accuracy and integrity of this document
3 issues framed by the court
Whether to grant extension for vacating premises upon revision petition not pressed on merits
Whether impugned order dismissing tenant objections is confirmable with terms
Whether tenant must clear arrears and deposit future rent during extension period
Dinesh Kumar and another
Amrish Kumar
JAISHREE THAKUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
