Punjab-Haryana High Court
Umesh Chander vs Raj Karwal on 28 March, 2016
C.R. No.7996 of 2015 (O&M) ::1::
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
C.R. No.7996 of 2015 (O&M)
Date of Decision : 28.03.2016
Umesh Chander
...... Petitioner
Versus
Raj Karwal
...... Respondent
CORAM : HON'BLE MR. JUSTICE AJAY TEWARI
***
Present : Mr. Malkeet Singh, Advocate
for the petitioner.
Mr. Pritam Saini, 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 orders of the Courts below allowing ejectment of the petitioner-tenant from the demised premises.
After arguing for some time, on instructions from his client the learned counsel for the petitioner has stated that the petitioner will not press this petition on merits but since the petitioner is running a business in the premises in dispute he is ready to settle this dispute. Therefore, a period of two years should be granted to him to vacate the premises voluntarily without forcing the respondent-landlord to press the execution petition.
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C.R. No.7996 of 2015 (O&M) ::2::
Learned counsel for the respondent states that in principle he has instructions to accept the reasonable time but the period of two 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 date within one month to the respondent-landlord and the respondent will permit him to retain the premises in dispute till 31.03.2017. Further the petitioner will continue to pay rent in advance by the 7th of every month and also pays the other charges regularly. Further it has been agreed that the petitioner will also file an undertaking before the Executing Court/Rent Controller 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 rent in advance by the 7th of every month and also pays other charges regularly.
At the request of learned counsel for the respondent-landlord, it is stipulated that in default of any of the above conditions this petition would be deemed to be dismissed.
Petition stands disposed of.
Since the main case has been decided, the pending civil miscellaneous application, if any, also stands disposed of.
( AJAY TEWARI )
March 28, 2016 JUDGE
ashish
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