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Punjab-Haryana High Court

Thakar Dass vs Satnam Singh And Another on 26 March, 2014

Author: Sabina

Bench: Sabina

           CR No.3746 of 2012 (O&M)                                                  -1-


           IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

           (207)

                                                       CR No.3746 of 2012 (O&M)
                                                       Date of decision:- 26.03.2014.
           Thakar Dass



                                                                          ......Petitioner
                                           Versus


           Satnam Singh and another

                                                                        .......Respondents

           CORAM: HON'BLE MRS. JUSTICE SABINA


           Present:                 Mr. Nikhil Sharma, Advocate for
                                    Mr. Jatin Salwan, the petitioner.

                                    Mr. R.K. Gautam, Advocate for the respondents.


                                          ****
           SABINA, J.

In the present case, petitioner has challenged the orders dated 29.10.2011 and 06.06.2012.

At the time of issuance of notice of motion, following order was passed on 27.06.2012:-

"Notice of motion for 08.08.2012.
In the meantime, the eviction stands stayed subject to deposit of entire arrears of rent within ten days from today and the petitioner shall continue to pay the rent by 10th of every month."
Sandeep Sethi 2014.04.01 11:24 I attest to the accuracy and integrity of this document CR No.3746 of 2012 (O&M) -2-

Learned counsel for the respondents has submitted that respondents have no objection if the interim direction given by this Court is ordered to be confirmed and the Appellate Authority be directed to dispose of the appeal expeditiously.

In the present case respondents had sought ejectment of the petitioner. The said petition was allowed vide order dated 29.10.2011. Against the said order, petitioner has preferred an appeal. The Appellate Authority, vide order dated 06.06.2012, had declined to stay the operation of the order dated 29.10.2011. Hence, the present petition by the petitioner-tenant.

In view of the submissions made by learned counsel for the respondents, the execution of the ejectment order dated 29.10.2011 passed by the Rent Controller shall remain stayed during the pendency of the appeal against the said order before the Appellate Authority. It has transpired during the course of arguments that petitioner has deposited arrears of rent in terms of the interim order passed by this Court and is now regularly paying the rent. However, the Appellate Authority is directed to dispose of the appeal expeditiously.

Petition stands disposed of accordingly.

(SABINA) JUDGE March 26, 2014.

sandeep sethi Sandeep Sethi 2014.04.01 11:24 I attest to the accuracy and integrity of this document