Dismissed¶17

Balwant v. Ashwani Kumar

Punjab & Haryana HC16 Jul 2025CR/4303/2025

Case brief

AI extract

What is this about?

CR-4303-2025 (O & M), Punjab & Haryana High Court at Chandigarh, Nidhi Gupta J. - Balwant (petitioner-tenant) v. Ashwani Kumar (respondent/landlord); eviction from demised shop on ground of personal bona fide requirement upheld by Rent Controller Jind (05.2.2019) and Appellate Authority Jind (29.4.2025); revision dismissed without notice of motion; time to vacate till 30.11.2025; deposit of rent arrears by 30.07.2025; undertaking and surety bond by 31.7.2025; Rahul Makkar for petitioner.

What did the court decide?

Four months' time to vacate the demised premises/shop; physical, peaceful and vacant possession to be handed over to the respondent/Landlord on or before 30.11.2025; arrears of rent, if any, to be deposited before the Rent Controller concerned on or before 30.07.2025; undertaking with one surety bond to be furnished on or before 31.7.2025.

Balwant Vs Ashwani Kumar — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the civil revision against the concurrent judgments of the courts below ordering eviction of the petitioner-tenant on the ground of personal bona fide requirement of the respondent warrants interference by this Court on merits.

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Court's answer

The Court is not inclined to interfere in the matter on merits; the revision petition is dismissed without issuing Notice of Motion to the respondent, as issuance of notice would only further delay the matter.

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Ratio / Principle

The petitioner-tenant is granted four months from the date of the order to vacate the demised premises/shop.

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Key takeaways

The petitioner is to hand over physical, peaceful and vacant possession of the demised premises/shop to the respondent/Landlord on or before 30.11.2025.ratio¶21
All arrears of rent, if any, are to be deposited before the Rent Controller, concerned on or before 30.07.2025.ratio¶21
The petitioner is to furnish an undertaking along with one surety bond before the Rent Controller concerned on or before 31.7.2025, undertaking to hand over vacant possession of the demised premises/shop to the respondent/Landlord as stated in the order.ratio

Detailed headnote1 paragraphs

Civil Revision (Punjab & Haryana HC, Nidhi Gupta J., oral, decided 16.07.2025): Tenant's revision against the concurrent judgments of the learned Rent Controller, Jind (order dated 05.2.2019) and the learned Appellate Authority, Jind (judgment dated 29.4.2025), whereby he was evicted from the demised shop on the ground of personal bona fide requirement of the respondent, is dismissed without issuing Notice of Motion, the Court not being inclined to interfere on merits. As indulgence, the petitioner-tenant is granted four months to vacate and to hand over physical, peaceful and vacant possession of the demised premises/shop to the respondent/Landlord on or before 30.11.2025; all arrears of rent, if any, to be deposited before the Rent Controller concerned on or before 30.07.2025; and an undertaking along with one surety bond to be furnished on or before 31.7.2025. Applications, if any, stand disposed of.

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CR-4303-2025 (O & M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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121

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Civil Revision No.4303 of 2025 (O & M) Date of decision :-16.07.2025

Balwant

…..Petitioner

Versus

Ashwani Kumar

…..Respondent

CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA

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Present:Mr. Rahul Makkar, Advocat e for the petitioner.

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NIDHI GUPTA J. (Oral)

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The petitioner-tenant is agai n st the concurrent judgments of the learned Courts below, whereby vide order dated 05.2.2019 passed b y the learned Rent Controller, Ji n d, which was upheld by the learned A ppellate Authority Jind vide judgment dated 29.4.2025, the petitione r has been evicted from the de m ised shop on the ground of personal b ona fide requirement of the res p ondent-tenant.

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After arguing for some ti m e, when this Court is not inclined t o interfere in the matter on m e rits, learned counsel for the petitione r /tenant prays that he may be g r anted some reasonable time to vacate the demised premises/shop.

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Heard.

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Keeping in mind the e n tirety of the facts and circumst a nces of the case, the present p etition is hereby dismissed without i s suing Notice of Motion to the respondent as that will only

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VIJAY ASIJA 2025.07.18 16.30 I attest to the accuracy and integrity of this document

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CR-4303-2025 (O & M)

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further d e lay the matter; and the petition e r-tenant is hereby directed to vacate th e demised premises/shop in fou r months from today and will hand ov e r physical, peaceful and vacan t possession of the demised premises / shop to the respondent/Landlo r d on or before 30.11.2025; and will deposit all the arrears of re n t, if any, before the Rent Controller, concerned on or before 30.07.2025.

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The petitioner will also furnish an undertaking along with one sure t y bond before Rent Controller concerned on or before 31.7.202 5 , that he will handover vac a nt position of the demised premises / shop to the respondent/Landlord, as undertaken above by him.

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Application(s), if any, stand disposed of.

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Whether sp e aking/reasoned Yes / No Whether Re p ortable Yes / No

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VIJAY ASIJA 2025.07.18 16.30 I attest to the accuracy and integrity of this document

Balwant v. Ashwani Kumar

Case brief

What is this about?

What did the court decide?

Balwant v. Ashwani Kumar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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