M/S Lachhman Dass Subhash Chander vs Gian Chand And Others on 28 November, 2011

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Punjab-Haryana High Court

M/S Lachhman Dass Subhash Chander vs Gian Chand And Others on 28 November, 2011

Bench: Rakesh Kumar Garg

C.R.No.6151 of 2011                   1



IN THE HIGH COURTOF PUNJAB AND HARYANA, CHANDIGARH.

                                           C.R.No.6151 of 2011
                                           Date of decision: 28.11.2011

M/s Lachhman Dass Subhash Chander
                                ...Petitioner

                                vs
Gian Chand and others
                                  ....Respondents

CORAM:       HON'BLE MR.JUSTICE RAKESH KUMAR GARG.
                               ---
Present:     Mr.Chetan Mittal, Senior Advocate, with
             Mr.A.P.Jagga, Advocate, for the petitioner.

             Mr.Satbir Rathore, Advocate, for respondents No.1 and
             4 to 6.

             Mr.Raman Sharma, Advocate, for respondent No.2.

                         --

Rakesh Kumar Garg,J.(Oral)

Vide impugned order dated 12.9.2011 the objections filed by the petitioner to the execution of ejectment order dated 25.9.1984, passed by the Appellate Authority, Hoshiarpur, were rejected, and respondent No.1 was held entitled to the vacant possession of the premises in dispute. The instant revision petition has been filed challenging the aforesaid order.

Learned counsel for the parties have submitted before this Court that a consensus has reached between the parties and according to the aforesaid consensus the petitioner shall hand over the vacant possession of the premises to respondent No.1 on or before 30.9.2012. Counsel for respondent No.2 has no objection to the aforesaid arrangement. The petitioner shall also file an undertaking before the executing Court on the date fixed i.e. 10.12.2011 to the aforesaid effect. The petitioner shall specifically state that they will hand over the vacant possession of the C.R.No.6151 of 2011 2 tenanted premises by removing the entire super-structure on the tenanted premises. The aforesaid arrangement is further subject to payment of arrears of rent, if any, within two months from today and that respondent No.2 shall keep on making the payment of future rent in advance by the 10th every month to the respondent landlord till the date of handing over the vacant possession.

Counsel for respondent No.2 has submitted before this Court that Bharat Petroleum-respondent No.2 has no objection to the aforesaid arrangement made between the parties and they shall honour this arrangement. Counsel for respondent No.2 has further stated that in case there is no dispute between the parties, then respondent No.2 has no objection to the restoration of the supply, till the vacant possession is delivered. The parties shall be bound by the arrangement made before this Court and the undertaking filed before this Court. In case of violation of the aforesaid terms, in addition to the execution of the eviction order the respondent-landlord shall also be entitled to initiate contempt proceedings.

(Rakesh Kumar Garg) Judge November 28, 2011 rk

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