Punjab-Haryana High Court
Amrit Pal vs Jammu And Kashmir Bank on 5 May, 2010
Civil Revision No.2863 of 2010 -1-
****
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Civil Revision No. 2863 of 2010
Date of decision: 5.5.2010
Amrit Pal
...Petitioner
Versus
Jammu and Kashmir Bank
..Respondent
CORAM: HON'BLE MR. JUSTICE S.D.ANAND.
Present: Mr. Divanshu Jain, Advocate for the petitioner.
S.D.ANAND, J.
The essential grievance of the petitioner is qua inordinate delay in the disposal of ejectment (Annexure P-1) filed by him to obtain the ejectment of the respondent from the tenanted premises which the former requires for personal bonafide necessity. The petitioner is a senior citizen and is presently running his business in a very small tenanted shop of an area about 30-40 sq. fts. The relevant matter is pending for the last about three years.
Learned counsel, appearing on behalf of the petitioner, states that the petitioner would be content and interests of justice would be served if a time-bound disposal of the petition under reference is ordered by this Court.
Reliance, in support of the plea aforementioned, is placed upon the judgment rendered by this Court in Civil Revision No.1922 of 2010 ( Bandeep Rekhi Vs. M/s Juneja Trading Agencies) decided on Civil Revision No.2863 of 2010 -2- **** 22.3.2010. In that case too the plea for ejectment had been filed on an averment of personal necessity and had been pending for the last about three years. In that case, this Court had directed disposal of the main petition itself within three months from the next date of hearing.
In the present case, learned counsel informs that the matter is presently fixed for 24.7.2010. The petition shall stand disposed of with a direction that the learned Rent Controller shall pre-pone the petition and order its fixture on a date in the month of May, 2010. The fixture would be obviously ordered after notifying the party opposite. Learned counsel for the petitioner herein states that the petitioner has already concluded his evidence and the matter is fixed for evidence of the respondent-tenant. The trial shall be concluded by or on 14.6.2010.
The disposal of this petition in limine, with a view to expedite the disposal of the proceedings, proceeds on an assumption that there is no factual inaccuracy in the averment on behalf of the petitioner. If it transpires, at any subsequent point of time that this order had been obtained on the basis of any incorrect averment, it (order of this Court) would be liable to be reviewed.
The acknowledgment (of a copy of this order) issued by the concerned Judicial Officer shall be forwarded to the Registry of this Court. Learned Sessions Judge shall himself maintain a tab to ensure that the case is disposed of by aforementioned date.
Disposed of accordingly.
May 05, 2010 (S.D.Anand) Pka Judge