Punjab-Haryana High Court
Punjab State Coop.Milk Producers ... vs Manish Chugh on 13 December, 2013
Author: Jaswant Singh
Bench: Jaswant Singh
CR 806/2013 112
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CR 806/2013
Date of decision:13.12.2013
Punjab State Coop.Milk Producers Fed.Ltd.
.............Petitioner
v.
Manish Chugh
.............Respondent
CORAM: HON'BLE MR.JUSTICE JASWANT SINGH
Present:- Mr.Manjit Singh,Advocate for the petitioner.
Mr.Ashok Sehgal,Advocate for the respondent.
Jaswant Singh,J.(Oral)
The defendants-Punjab State Cooperative Milk Producers Federation Ltd., through its Managing Director are in revision assailing the order dated 7.11.2012 whereby the suit filed by respondent/plaintiff Manish Chugh has been permitted to continue inspite of the defendant having made a statement withdrawing notice dated 26.2.2011 forming the basis of litigation.
It is not in dispute that the defendant had vide registered lease deed dated 27.11.2009 let out a premises within the Verka Milk Plant, Phase I, Chandigarh for operating a Verka Express Milk Bar-cun- Fast Food Joint. It is also not in dispute that the lease deed was Joshi Rajinder Prashad 2013.12.13 17:46 I attest to the accuracy of this Order.
High Court, Chandigarh.
CR 806/2013 112executed for a period of three years. It transpires that the defendant vide notice dated 26.2.2011 terminated the lease deed before the expiry of three years resulting in the respondent/plaintiff filing a suit for declaration seeking quashing of the notice as also the condition of the lease deed permitting the termination of the tenancy within three years. Consequential relief of permanent injunction restraining defendant from interfering in the peaceful possession of the plaintiff was also prayed for.
After the issue of notice, it is not disputed that the defendants through their counsel, with due authorization, made a statement on 7.11.2012 whereby it was recorded that the defendants have withdrawn their notice dated 26.2.2011.
The learned trial court in the light of the challenge to the relevant clause of the lease deed permitting the defendants to terminate the lease deed within three years and also due to the pending relief of injunction declined the request of the defendants for disposing of the suit as infructuous. Hence the present petition.
At the time of hearing, counsel for the parties are agreed that the challenge to the relevant clause of lease deed permitting the termination of the tenancy before the three years has become infructuous in view of three years having already lapsed. As regards the injunction, learned counsel for the petitioner/defendants very fairly concedes that the possession shall be taken in due course of law. In fact, it is not in dispute that subsequently a fresh notice dated Joshi Rajinder Prashad 2013.12.13 17:46 I attest to the accuracy of this Order.
High Court, Chandigarh.
CR 806/2013 11226.11.2012 terminating the tenancy has already been issued. The learned counsel for the respondent/plaintiff states that he has no objection if the present revision petition is disposed of as infructuous with liberty to the respondent/plaintiff to seek his remedy in accordance with law. It is, however, not disputed between the parties that the defendants would not take coercive steps to take possession of the aforesaid demised premises.
In view of the aforesaid circumstances, the present revision petition is disposed of as infructuous with liberty to parties to seek their appropriate remedy in accordance with law.
13.12.2013 (Jaswant Singh)
joshi Judge
Joshi Rajinder Prashad
2013.12.13 17:46
I attest to the accuracy of this
Order.
High Court, Chandigarh.