Punjab-Haryana High Court
Purushotam Dass vs Sohan Lal on 4 April, 2016
C.R. No.1911 of 2016 (O&M) -1-
111
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
C.R. No.1911 of 2016 (O&M)
Date of Decision : 04.04.2016
Purushotam Dass
...... Petitioner
Versus
Sohan Lal
...... Respondent
CORAM : HON'BLE MR. JUSTICE AJAY TEWARI
***
Present : Mr. Suman Jain, Advocate
for the petitioner.
Mr. Ajay Kaushik, Advocate
for the respondent.
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1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
AJAY TEWARI, J. (Oral)
This revision has been filed against the concurrent judgments of the Courts below allowing ejectment of the petitioner-tenant from the demised premises.
On 15.03.2016 the following contention was noticed:-
"Learned counsel for the petitioner states that he has instructions not to press the petition as the petitioner who is running his shop for the last 30 years would vacate the premises voluntarily in case adequate time is granted without forcing the respondent-landlord to press execution."
1 of 3 ::: Downloaded on - 06-04-2016 00:18:47 ::: C.R. No.1911 of 2016 (O&M) -2- Today the learned counsel for the petitioner has stated that he will not press this petition on merits but a period of 1½ years should be granted to him to vacate the premises.
Learned counsel appearing for the respondent-landlord states that in principle he has instructions to accept the reasonable time but a period of 1½ years is too excessive since the landlord requires the premises for his own use and has stated that the petitioner should vacate the premises on or before 31.12.2016.
Ultimately what has been settled between the parties is that the petitioner will pay the entire arrears of rent upto 31.03.2016 within one month and the respondent-landlord will permit him to retain the premises in dispute till 31.03.2017. Further the petitioner will continue to pay contractual rent w.e.f. 01.04.2016 in advance by the 7th of every month and also pay other charges regularly. Further it has been agreed that the petitioner will file an undertaking before the Executing Court within 15 days that he would vacate the premises in dispute voluntarily on or before 31.03.2017 without forcing the landlord to press the execution application and continue to pay the contractual rent in advance by the 7th of every month and also pay other charges regularly and that he will pay the entire arrears of rent within one month from today.
Petition stands disposed of in the above terms. However, it is stipulated that in default of any of the above conditions this petition would be deemed to have been dismissed.
2 of 3 ::: Downloaded on - 06-04-2016 00:18:47 ::: C.R. No.1911 of 2016 (O&M) -3- Since the main case has been decided, the pending Civil Misc. Application, if any, also stands disposed of.
( AJAY TEWARI )
April 04, 2016 JUDGE
ashish
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