Kunta Devi vs Eih Associated Hotels Ltd on 6 January, 2016

[Cites 1, Cited by 4]

Himachal Pradesh High Court

Kunta Devi vs Eih Associated Hotels Ltd on 6 January, 2016

Bench: Tarlok Singh Chauhan

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

                                    Civil Revision No. 189 of 2015

                                    Date of decision: 06.01.2016




                                                                .

       Kunta Devi                                        ...Petitioner

                             Vs





       EIH Associated Hotels Ltd.                       ...Respondent
       Coram




                                         of
       The Hon'ble Mr. Justice Tarlok Singh Chauhan,
       Judge.

       Whether approved for reporting?
                rt
       For the Petitioner     : Ms. Sumeet Kaur, vice Counsel

       For the Respondent : Mr. Vikas Rajput, Advocate


                    Tarlok Singh Chauhan, Judge:

In compliance to the order, dated 29th December, 2015, the petitioner/tenant has filed affidavit/undertaking to the following effect:-

"(i) That I shall vacate the premises i.e. Quarter No. 35, Block No. 4, Cecil hotel, Chaura-Maidan, Shimla (HP) by 30-04-2016 and hand over the peaceful possession thereof to the respondent-landlord on or before the said date;

(ii) That in case I am permitted to reside in the premises upto April 30, 2016, then the respondent/landlord should forego the entire use and occupation charges for the entire period.

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(iii) That in the event of my failure to vacate the premises by April 30, 2016, I shall be liable to pay a sum of Rs. 6,000/- per month towards use and occupation charges from the date the same are due .

and payable by me and in addition thereto, I shall also be liable to be prosecuted and punished under the Contempt of Courts Act.

(iv) That I shall have no right to re-enter if I am accommodated in the premises upto April 30, 2016."

2. Learned counsel for the respondent states of that he has no objection in case the petition is disposed of in terms of the affidavit/undertaking.

3. Accordingly, the present revision petition is disposed of in terms of the affidavit/undertaking, filed by the petitioner/tenant and it is made clear that in the event of the petitioner failing to comply with the affidavit/undertaking, as aforesaid, she shall be liable to be prosecuted and punished under the Contempt of Courts Act. The pending applications, if any, also stand disposed of. The parties are left to bear their own costs.

6th January, 2016(K) (Tarlok Singh Chauhan), Judge.

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