Krishan Kumar vs Anil Kumar Sharma And Ors on 1 December, 2022

[Cites 1, Cited by 1]

Punjab-Haryana High Court

Krishan Kumar vs Anil Kumar Sharma And Ors on 1 December, 2022

Bench: Alka Sarin

                             IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                            362                                      CM-15087-CII-2022 in/and
                                                                     CR No.2537 of 2021 (O&M)
                                                                     Date of Decision : 01.12.2022


                            Krishan Kumar                                                     ....Petitioner

                                                               VERSUS

                            Anil Kumar Sharma and Others                                  ....Respondents

                            CORAM : HON'BLE MRS. JUSTICE ALKA SARIN

                            Present :    Mr. Kanhiya Soni, Advocate for
                                         Mr. Shashikant Gupta, Advocate for the petitioner.

                                         Mr. Deepak Vashisht, Advocate for the respondents.

                            ALKA SARIN, J. (Oral)

CM-15087-CII-2022 This is an application under Section 151 of the Code of Civil Procedure, 1908 for preponing the date of hearing in the main case (CR- 2537-2021) from 14.02.2023 to an early date.

Learned counsel appearing on behalf of the respondents states that he has no objection if the present application is allowed and the date of hearing in the main petition is preponed.

For the reasons stated in the application, the same is allowed. With the consent of learned counsel for the parties, the main revision petition is taken up for hearing today itself.

CM stands disposed off.

CR No.2537 of 2021 (O&M) Learned counsel for the petitioner, after arguing for sometime, states that he does not wish to press the present revision petition. However, he seeks some time to vacate the premises in dispute. JITENDER KUMAR 2022.12.02 10:25 I attest to the accuracy and integrity of this order/judgment.

Chandigarh

CR No.2537 of 2021 (O&M) -2-

Learned counsel for the respondents, on instructions, states that the current market rent in the vicinity is Rs.9000/- per month and further that the respondents had filed the ejectment petition in the year 2012 and are in dire need of the premises.

In view of the statement made by learned counsel for the petitioner, the present revision petition is disposed off with a direction that the petitioner shall hand over vacant possession of the premises in question on or before 01.08.2023, subject to the petitioner clearing all arrears of rent from 2013 till the date of passing of the order by the Appellate Authority, and from 13.09.2021 till handing over the vacant possession of the premises the petitioner shall pay an amount of Rs.7000/- per month towards use and occupation of the premises by the 7th of every month. It is made clear that in case of any default in payment of rent or in payment of charges for use and occupation of the premises as directed, the present revision petition shall be deemed to be dismissed and the respondent-landlords shall be at liberty to apply for execution of the eviction order in accordance with law.

The present revision petition stands disposed off in the above terms. Pending applications, if any, also stand disposed off.

Whether reportable: YES/NO JITENDER KUMAR 2022.12.02 10:25 I attest to the accuracy and integrity of this order/judgment.

Chandigarh

Unlock Advanced Research with PRISMAI

Punjab-Haryana High Court