Supreme Court - Daily Orders
Kawaljit Singh vs Kulwant Kaur on 10 April, 2015
Bench: Jagdish Singh Khehar, S.A. Bobde
SLP(C)No.6804/15 1
ITEM NO.35 COURT NO.4 SECTION IVB
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s).6804/2015
(Arising out of impugned final judgment and order dated 18/12/2014
in CR No.8440/2014 passed by the High Court of Punjab & Haryana at
Chandigarh)
KAWALJIT SINGH Petitioner(s)
VERSUS
KULWANT KAUR Respondent(s)
Date : 10/04/2015 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR
HON'BLE MR. JUSTICE S.A. BOBDE
For Petitioner(s) Mr.Kirti Uppal, Sr.Adv.
Mr.Anil Shukla, Adv.
Mr.Yash Pal Dhingra, Adv.
Mr.Anshumaan Sahni, Adv.
Ms.Aastha Dhawan, Adv.
Ms.Sahiba Pantel, Adv.
For Respondent(s)
Upon hearing the counsel the Court made the following
O R D E R
Having heard learned senior counsel for the petitioner, we find no justification whatsoever, to interfere with the impugned order, in exercise of our jurisdiction under Article 136 of the Constitution of India.
The special leave petition is accordingly dismissed. Finding himself in the aforesaid predicament, learned Signature Not Verified Digitally signed by senior counsel for the petitioner states, that the petitioner is Satish Kumar Yadav Date: 2015.04.11 12:29:47 IST Reason: residing in the premises in question, and that, he be given some time to find an alternative accommodation and to shift thereto. And SLP(C)No.6804/15 2 till then, he be permitted to continue in the suit premises. Learned counsel for the petitioner further states, that the petitioner is ready and willing to pay user charges at the rate of Rs.80,000/- per month.
In the peculiar facts and circumstances of this case, we consider it just and appropriate, to allow the petitioner to continue in the premises in question till 30.09.2015, subject to the condition that the petitioner pays user charges at the rate of Rs.80,000/- per month, with effect from the date of passing of the impugned order, by the High Court. Ordered accordingly. All arrears of rent, if any, and user charges, shall be paid within four weeks from today. Future user charges shall be paid in advance, within the first ten days of every English calendar month.
The petitioner shall file the usual undertaking, incorporating therein an affirmation, that he will hand over vacant possession of the suit premises to the respondent-landlord, on or before 30.09.2015. He shall also give an undertaking, that he will not create any third party rights in the suit premises, in the meantime. The above-mentioned affidavit shall be filed before this Court, within four weeks from today.
(SATISH KUMAR YADAV) (RENU DIWAN) COURT MASTER COURT MASTER