Punjab-Haryana High Court
Jagdish Arora vs Mrs.Iqbal Kaur @ Iqbal Kaur Ghotra on 30 November, 2012
Author: Jaswant Singh
Bench: Jaswant Singh
CR 3235/2012 1
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CR 3235/2012
Date of decision:30/11/2012
Jagdish Arora
.............Petitioner
v.
Mrs.Iqbal Kaur @ Iqbal Kaur Ghotra
.............Respondent
CORAM: HON'BLE MR.JUSTICE JASWANT SINGH
Present:- Mr.Akshay Bhan,Advocate with
Jagdish Arora,petitioner/tenant.
Mr.Divanshu Jain,Advocate with
Mr.Mohan Singh Ghotra,GPA of respondent/landlady.
Jaswant Singh,J(Oral).
Petitioner/tenant has filed the present revision petition under Section 15(5)of the East Punjab Urban Rent Restriction Act,1949 assailing the order dated 22.3.2012 passed by the learned Rent Controller, SAS Nagar Mohali, whereby he has been ordered to be evicted from the demised premises for the bona fide use and occupation of respondent/landlady, a Non-resident Indian.
At the time of hearing, learned counsel for the petitioner/tenant on instructions from the petitioner, who is present in CR 3235/2012 2 Court submits that he would not press this revision petition provided time uptil 30.11.2013 is granted to make alternative arrangement and shift his residence.
Mr.Divanshu Jain,Advocate for the respondent on instructions from the GPA/husband of the respondent/landlady, who is present in Court graciously agrees to the aforesaid proposal made by the petitioner/tenant.
The prayer on behalf of the petitioner/tenant being just and reasonable and more so in view of the consent on behalf of the landlady is liable to be accepted. The statement of the parties has been recorded separately.
Accordingly, the present revision petition is dismissed as not pressed, however one year's time commencing from 1.12.2012 is granted to the petitioner/tenant for making alternative arrangement subject to his furnishing an undertaking on or before 7.12.2012 before the Court of learned Rent Controller, SAS Nagar that he shall hand over actual,physical, vacant and peaceful possession of the demised premises to the respondent/landlady/her GPA by 30.11.2013. 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, SAS Nagar by 7.12.2012 and the petitioner shall continue to pay the future rent @ Rs.2600/- per month in advance by 10th of every calendar month.
CR 3235/2012 3
Needless to say that any violation of the terms shall entitle the landlady/her GPA to seek the eviction of the petitioner forthwith with police help, if necessary, without recourse to any other remedy besides the petitioner/tenant making himself liable to be hauled up in contempt proceedings.
30.11.2012. (Jaswant Singh) joshi Judge