Punjab-Haryana High Court
Bharat Sanchar Nigam Ltd.& Anr vs Karnail Singh & Ors on 18 March, 2019
Author: Lisa Gill
Bench: Lisa Gill
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
1. Civil Revision No. 4761 of 2018(O&M)
Date of Decision: March 18 , 2019.
Bharat Sanchar Nigam Ltd. and another ...... PETITIONER(s)
Versus
Karnail Singh and others ...... RESPONDENT (s)
2. Civil Revision No. 4771 of 2018(O&M).
Karnail Singh and others ...... PETITIONER(s)
Versus
Bharat Sanchar Nigam Ltd. and another ...... RESPONDENT (s)
CORAM:- HON'BLE MRS.JUSTICE LISA GILL
Present: Mr. Anil Rathee, Advocate
for the petitioners in CR No.4761 of 2018 and
for the respondents in CR No.4771 of 2018.
Mr. Sanjeev Sharma, Senior Advocate with
Mr. Vivek Kathuria, Advocate and
Mr. Sandeep Singh, Advocate
for the petitioners in CR No.4771 of 2018 and
for the respondents in CR No.4761 of 2018.
*****
1. Whether reporters of local papers may be allowed to see
the judgment?
2. To be referred to the reporters or not?
3. Whether the judgment should be reported in the digest?
*****
LISA GILL, J.
This order shall dispose of CR No.4761 of 2018 (Bharat Sanchar Nigam Ltd. and another v. Karnail Singh and others) and FAO No.4771 of 1 of 4 ::: Downloaded on - 24-03-2019 08:22:45 ::: CR No.4761 of 2018 and a connected case -2- 2018 (Karnail Singh and others v. Bharat Sanchar Nigam Ltd. and another). CR No.4761 of 2018 has been filed by the tenant - Bharat Sanchar Nigam Ltd. ('BSNL' - for short) through its Managing Director/General Manager, Telecom District challenging orders dated 30.05.2016 and 17.04.2018 passed by the learned Rent Controller, Chandigarh and the learned Appellate Authority, Chandigarh, respectively, whereby petition under Section 13 of the East Punjab Urban Rent Restriction Act filed by the respondents-landlord has been allowed. CR No.4771 of 2018 has been filed by the landlord challenging Issue No.2 decided by the learned Rent Controller, Chandigarh vide order dated 30.05.2016.
Petitioner - BSNL has been directed to remove the towers from the rented premises by both the learned courts below. The landlord is facing resumption proceedings qua the said premises before the Estate Officer, U.T. Chandigarh on account of installation of the towers on the premises.
While issuing notice of motion in this case, it was noted that an undertaking in the shape of affidavit dated 02.08.2018 of Shri Ashok Kumar, AGM has been filed wherein it is stated that BSNL is in the process of making alternate arrangement and vacant possession of the premises would be handed over to the landlord by 01.09.2019.
Learned counsel for the petitioners-BSNL submits that vacant, peaceful possession of the premises after removal of the towers shall be handed over to the landlord on or before 30.06.2019. The arrears of rent/mesne profits, if any, shall be deposited within three weeks. Furthermore, the petitioners-BSNL shall continue to deposit the rent/mesne profits regularly by the 10th of each calendar month upto the month of June 2019.
2 of 4 ::: Downloaded on - 24-03-2019 08:22:45 ::: CR No.4761 of 2018 and a connected case -3- In this view of the matter, learned counsel for the petitioners-BSNL submits that he does not press this petition on merits, but time as mentioned above to make alternate arrangements, be afforded.
Learned senior counsel appearing for the landlord, on instructions, submits that the respondents-landlord have no objection to BSNL continuing in possession of the premises till 30.06.2019, provided vacant peaceful possession of the premises after removal of the towers, is handed over to them as stated above as well as subject to deposit of rent/arrears of rent/mesne profits. Learned counsel further submits that in view of the stand taken by the BSNL, the landlord does not press CR No.4771 of 2018.
Keeping in view the facts and circumstances of the case as well as the specific stand of the parties, both the petitions are dismissed as not pressed. The tenant-BSNL is however permitted to retain possession of the demised premises till 30.06.2019, subject to their furnishing a specific undertaking through their competent officer before the learned Rent Controller, Chandigarh within one week of receipt of certified copy of this order, to the effect that they shall handover the vacant, peaceful possession of the property in question, after removal of the towers to the respondents-landlord on or before 30.06.2019 and rent/arrears of rent/mesne profits, if any, shall be deposited within three weeks from today and they shall continue to pay the rent/mesne profits by the 10th of each calendar month for the period they remain in possession of the demised premises.
It is made clear that in case, the said undertaking is not furnished by 3 of 4 ::: Downloaded on - 24-03-2019 08:22:45 ::: CR No.4761 of 2018 and a connected case -4- the petitioners-BSNL within one week from the date of receipt of certified copy of this order or in case of any violation of the aforesaid terms, the respondents- landlord shall be entitled to seek eviction of the petitioners-BSNL from the demised premises forthwith, with police help and without recourse to any remedy, besides, the official/officials executing the undertaking, making himself/themselves liable to contempt proceedings.
( LISA GILL )
March 18 , 2019. JUDGE
'om'
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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