Balwinder Singh Vs Tej Bahadur — Punjab & Haryana HC (2026) — LawSathi Research

Balwinder Singh Vs Tej Bahadur — Punjab & Haryana HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Reasonable time to vacate granted: petitioner-tenant to continue in occupation up to 31.08.2026, subject to payment of all rent arrears (if any) within one month, payment of future rent/mesne profits by the 7th of every month (any single default entitles the landlord to execute eviction forthwith), defrayal of electricity and water charges, handing over physical and vacant possession free from encumbrances on or before 31.08.2026, and furnishing an affidavit undertaking within 02 weeks with the executing court, failing which the respondent-landlord is free to execute the eviction order. Pending applications disposed of; Registry directed to send a copy of the order to the learned Rent Controller by FAX through the learned District and Sessions Judge, Rupnagar.

Issue for consideration

Whether the order dated 02.02.2026 of the learned Appellate Authority, Rupnagar (dismissing the petitioner-tenant's appeal and upholding the eviction direction of the Rent Controller, Rupnagar) calls for interference by this Court on merits. +1 more

Court's answer

The Court was not inclined to interfere in the matter on merits with the order of the Appellate Authority, Rupnagar.

Ratio / Principle

The present petition is disposed of, permitting the petitioner-tenant to continue to occupy the demised premises for a period of 06 months from the date of the order, i.e. up to 31.08.2026.

Key takeaways

The entire arrears of rent, if any, shall be paid by the petitioner to the respondent-landlord within one month; the petitioner shall continue to pay future rent/mesne profits by the 7th of every month, and in the event of even a single default the respondent-landlord shall be at liberty to execute the order of eviction forthwith.ratio¶25
The petitioner shall be under obligation to defray all the electricity and water charges for the period he occupies the demised premises.ratio¶26
The petitioner shall vacate the demised premises and hand over its actual physical and vacant possession, free from all encumbrances, on or before the stipulated date of 31.08.2026.

Detailed headnote1 paragraphs

High Court of Punjab and Haryana at Chandigarh (Nidhi Gupta, J., oral order dated 09.03.2026) in CR-2039-2026 (O&M), Balwinder Singh v. Tej Bahadu: The petition, filed by the petitioner/tenant against the order dated 02.02.2026 of the learned Appellate Authority, Rupnagar dismissing his appeal against the Rent Controller, Rupnagar's order dated 18.11.2025 (directing vacation of the demised premises within 02 months), was disposed of, the Court not being inclined to interfere on merits. The petitioner-tenant was permitted to continue to occupy the demised premises for 06 months, i.e. up to 31.08.2026, on the conditions that: (i) entire rent arrears, if any, be paid within one month; (ii) future rent/mesne profits be paid by the 7th of every month, with even a single default entitling the respondent-landlord to execute the order of eviction forthwith; (iii) all electricity and water charges for the occupation period be defrayed; (iv) actual physical and vacant possession, free from all encumbrances, be handed over on or before 31.08.2026; and (v) an affidavit undertaking to these terms be furnished within 02 weeks with the executing court, failing which the respondent-landlord is free to execute the eviction order. Pending applications were disposed of. The respondent's counsel referred to a mediation settlement dated 18.03.2024 (recorded in the Rent Controller's order dated 18.11.2024) wherein the petitioner had undertaken to vacate by 13.06.2024, which undertaking, it was submitted, was not honoured. No statute or precedent was cited.