Punjab-Haryana High Court
Parshotam Lal vs Sanjeev Kumar And Ors on 30 September, 2013
Author: Jaswant Singh
Bench: Jaswant Singh
Manoj Kumar
C.R. No.5935 of 2013 (O&M) #1# 2013.10.03 10:23
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integrity of this document
High Court Chandigarh
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
C.R. No.5935 of 2013 (O&M)
Date of Decision: 30.9.2013
Parshotam Lal
.....Petitioner(s)
Versus
Sanjeev Kumar and Ors.
....Respondent(s)
CORAM: HON'BLE MR. JUSTICE JASWANT SINGH
Present: Mr. Rajesh Narang, Advocate for the petitioner.
JASWANT SINGH, J (ORAL)
Tenant No.1-Parshotam Lal is in revision against the concurrent findings recorded by both the Authorities below whereby he has been evicted from the demised shop No.641-B, Street No.3, Kailash Nagar, Fazilka by the learned Rent Controller, Fazilka vide judgment dated 8.6.2012 on the ground of personal necessity and the said findings have been affirmed by the learned Appellate Authority, Fazilka vide judgment dated 12.7.2013.
After arguing for some time, learned counsel for the petitioner realizing that this Court is not inclined to interfere with the concurrent findings recorded by both the courts below, on instructions from his client, submits that he would not press this petition but in view of the fact that the petitioner has been tenant with the demised premises for the last 35 years, he prays for some time to make alternative arrangement.
The prayer is reasonable, hence the same is accepted without C.R. No.5935 of 2013 (O&M) #2# notice to the other party since the same would unnecessarily entail expenses on his part and delay.
In view of the above, the present petition is dismissed as not pressed, however, nine months time commencing with effect from 1.10.2013 is granted to the petitioner-tenant for making alternative arrangement subject to his furnishing an undertaking on or before 30.10.2013 to the Court of learned Rent Controller, Fazilka, that he shall hand over actual physical vacant possession of the demised premises to the respondent-landlord by 30.6.2014. The undertaking shall also state that the entire arrears of rent, if any, at the already determined rate have been deposited in the Court of learned Rent Controller by 30.10.2013 and the respondent shall continue to pay the rent in advance by 7th of each calendar month. Needless to say that any violation of the terms shall entitle the landlord to seek his eviction forthwith with police help, if necessary without recourse to any other remedy besides the petitioner-tenant making himself liable in contempt proceeding.
September 30, 2013 ( JASWANT SINGH ) manoj JUDGE