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Punjab-Haryana High Court

Munish Kumar vs Sewa Singh on 17 May, 2016

C.R. No.2816 of 2016 (O&M)                                          ::1::



117

            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

                                         C.R. No.2816 of 2016 (O&M)
                                         Date of Decision : 17.05.2016

Munish Kumar
                                                                    ...... Petitioner

                                  Versus


Sewa Singh
                                                                  ...... Respondent



CORAM : HON'BLE MR. JUSTICE AJAY TEWARI
                      ***

Present :     Mr. Arun Gosain, Advocate
              for the petitioner.

              Mr. Gagneshwar Walia, Advocate
              for the respondent.
                     ***

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 orders of the Courts below allowing ejectment of the petitioner-tenant from the demised premises.

On 25.04.2016 the following order was passed:-

"After arguing for some time, learned counsel states that he does not wish to press this revision on merits but since the petitioner is running a business in the premises in dispute for 1 of 3 ::: Downloaded on - 19-05-2016 00:15:40 ::: C.R. No.2816 of 2016 (O&M) ::2::
the last many years he is ready to vacate the said premises voluntarily without forcing the respondent to press the execution in case reasonable time is granted for the same.
I find this to be a fair submission. Notice of motion.
Let the respondent be served through his counsel in the Executing Court/trial Court by way of dasti process.
Adjourned to 17.05.2016.
In the meantime, the dispossession of the petitioner shall remain stayed.
To be shown in the urgent list."

Today the learned counsel for the petitioner, on instructions, states that the petitioner will not press this revision on merits and will vacate the premises voluntarily on or before 30.11.2016 without forcing the respondent-landlord to file an execution petition and will continue to pay the monthly contractual rent in advance by the 7th of every month, and will also pays the other admissible charges regularly. He further undertakes to pay upto date arrears of rent, if any, within a period of one month from today.

Learned counsel for the respondent, on instructions, has also accepted this offer on the condition that the petitioner will file an undertaking to the above effect before the Rent Controller within one month, with the condition that in the event of any default, this petition would be deemed to be dismissed.

Learned counsel for the petitioner has accepted this condition. Resultantly, the revision petition stands disposed of in the above terms.


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 C.R. No.2816 of 2016 (O&M)                                      ::3::



Since the main case has been decided, the pending civil miscellaneous application, if any, also stands disposed of.




                                                 ( AJAY TEWARI )
May 17, 2016                                          JUDGE
ashish




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