Punjab-Haryana High Court
Dr.Jawahar Lal Dutt vs Ramesh Chander Bajaj on 2 March, 2012
Author: G.S.Sandhawalia
Bench: G.S.Sandhawalia
CR No.1391 of 2012 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CR No.1391 of 2012 (O & M)
Date of decision:02.03.2012
Dr.Jawahar Lal Dutt .....Petitioner
Vs
Ramesh Chander Bajaj .....Respondent
CORAM : HON'BLE MR.JUSTICE G.S.SANDHAWALIA
Present: Mr.V.B.Aggarwal, Advocate, for the petitioner.
****
G.S.Sandhawalia J. (ORAL)
1. Challenge in the petition is to the order dated 23.02.2012 wherein the objections filed by the judgment debtor/tenant have been rejected. The execution proceedings arise out of the eviction proceedings and the order dated 24.08.2007 passed by the Rent Controller, Yamuna Nagar on the ejectment application of the respondent-landlord.
2. The eviction was on the ground of personal need and occupation and the order was up-held in appeal by the appellate authority on 04.12.2010. The tenant filed CR No.1278 of 2011 in which, initially, notice of motion was issued on 01.03.2011, and thereafter, on 17.05.2011, dispossession of the tenant was stayed. Subsequently, on 31.10.2011, the following order was passed:
"Present: None.
Mr.R.K.Dhiman, Advocate for the respondent.
**** There is a written request for adjournment stating that the counsel for the petitioner is unable to attend the Court due to accident.CR No.1391 of 2012 2
It is relevant to refer to order dated 9.9.2011 which reads thus:-
"This is tenant's revision petition challenging the impugned orders dated 24.08.2007 passed by the Rent Controller, Jagadhri and 04.12.2010 passed by the Appellate Authority, Jagadhri.
The instant revision petition has filed through Mr.Gorakh Nath and Mr.Rahul Vats, Advocates.
Noticing the contentions of the learned counsel for the petitioner, the following order was passed on 17.03.2011.
Service is complete.
At this stage, learned counsel for the petitioner prays for stay, whereas learned counsel for the respondent states that no execution has been filed till date.
Now to come up for arguments on 24.03.2011. On 13.07.2011, an adjournment was sought by the learned counsel for the petitioner and the case was listed on 29.07.2011.
On 20.07.2011, non appeared for the petitioner and the case was adjourned for today. Today, an adjournment slip has been filed on behalf of Mr.G.S.Bhatia, Advocate, on the ground that Mr.Bhatia, who is representing the petitioner has suffered multiple fractures.
From the record, it is found that Mr.Bhatia, has filed his power of attorney on behalf of the petitioner on 12.08.2011. However, the earlier counsel has not given no objection on the said vakalatnama.
List on 31.102.2011.
It is made clear that no further adjournment shall be granted and in case Mr.Bhatia is not available due to his injuries, petitioner may take the alternative arrangements."
In spite of the aforesaid order no alternative arrangement has been made by the petitioner.
Even no one is present on behalf of the petitioner CR No.1391 of 2012 3 to press the request.
In this view of the matter, there is no justification for continuation of the order dated 17.05.2011 and the same is hereby vacated.
List on 05.12.2011.
A copy of this order be sent to the Rent Controller forthwith."
3. Accordingly, the execution petition was filed on 17.11.2011 by the respondent-landlord in which, objections were filed on behalf of the petitioner herein, alleging various grounds including the fact that the matter is pending before this Court in CR No.1278 of 2011. The said objections were contested on the ground that the stay had been vacated vide order dated 31.10.2011. The objections have been dismissed vide impugned order dated 23.02.2012 which is under challenge now.
4. Mr.Aggarwal has very fairly stated that he has instructions that the petitioner-tenant is willing to vacate and to give an undertaking provided he is given 6 months time to find alternative accommodation keeping in mind that he is running his clinic since he is a Doctor and has certain goodwill in the said area. It is also contended that since the revision petition is pending for 12.03.2012 before this Court, the petitioner-tenant would be prejudiced in case the warrants of possession are executed.
5. The stand of the tenant-petitioner is fair. Admittedly, the tenant- petitioner is a Doctor who is running his clinic in the premises in question and would require some time to find an alternative place. Accordingly, it is ordered that the tenant-petitioner shall furnish an undertaking before the Rent Controller, Yamuna Nagar that he shall vacate the premises by 31.08.2012 and also deposit all the arrears of rent which are due by 15.03.2012 before the Rent Controller, Yamuna Nagar. He shall also CR No.1391 of 2012 4 continue paying the rent by the 7th of each month before the Rent Controller, Yamuna Nagar. The execution proceedings shall not be further proceeded with till 31.08.2012 subject to the condition that the undertaking is furnished by 15.03.2012 as noticed above and the arrears of rent are paid. In case the tenant violates the terms and conditions, possession shall be handed over by the help of police.
6. A copy of this order be also placed on the file of CR No.1278 of 2011 which is now fixed for 12.03.2012.
7. Revision petition is disposed of accordingly.
02.03.2012 (G.S.Sandhawalia) sailesh JUDGE