Punjab-Haryana High Court
Harbhajan Kaur vs Gurdeep Singh on 17 April, 2018
CR-1081-2018 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
116 CR-1081-2018 (O&M)
Date of Decision :17.4.2018
Harbhajan Kaur ....Petitioner
vs.
Gurdeep Singh ....Respondent
CORAM : HON'BLE MR. JUSTICE AJAY TEWARI
Present: Ms. Manjari Joshi , Advocate
for the petitioner.
****
AJAY TEWARI, J. (Oral)
This petition has been filed for issuance of direction to the Executing Court to expedite the execution of the eviction order.
It may be mentioned that the eviction of the respondent had been allowed by the Rent Controller under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949. The same was challenged by way of filing of Civil Revision No. 2885 of 2016. That petition was disposed of on 31.5.2016 on the statement of the counsel for the tenant that he would vacate the premises voluntarily on or before 30.4.2017 and would also give an undertaking to that effect. Counsel for the petitioner state that pursuant to that order he filed an undertaking, but just before 30.4.2017 he locked the premises and went away. Consequently, after 30.4.2017 the petitioner filed an execution petition in which also the defense of the tenant has been struck off because he has not filed any reply. The prayer made is that in view of that now almost one year has elapsed from the time the premises were to be 1 of 2 ::: Downloaded on - 06-05-2018 12:22:26 ::: CR-1081-2018 (O&M) 2 handed over to the petitioner and it is prayed that the Executing Court be directed to expedite the handing over the possession to the petitioner, if necessary by police help. Counsel has also annexed the zimni orders. From the perusal of the zimni orders I find that prayer made is justified. Resultantly, petition is allowed and the Executing Court is directed to make sure that possession is handed over to the petitioner on or before 31.5.2018.
Since the main case has been decided, the pending civil miscellaneous application, if any, also stands disposed of.
(AJAY TEWARI)
17.4.2018 JUDGE
anuradha
Whether speaking/reasoned - Yes/No
Whether reportable - Yes/No
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