Punjab-Haryana High Court
Rajender Kumar vs Leela Devi @ Leelawati on 19 December, 2016
Author: Augustine George Masih
Bench: Augustine George Masih
{1}
CR No. 7449 of 2014 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CR No.7449 of 2014 (O&M)
Date of Decision: December 19, 2016
Rajender Kumar
...Petitioner
Versus
Leela Devi @ Leela Wati
...Respondent
CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
Present: Mr. Ashok Arora, Advocate
for the petitioner.
Mr. Radhey Shyam Sharma, Advocate
for the respondent.
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AUGUSTINE GEORGE MASIH, J. (Oral):
Learned counsel for the petitioner has argued the case at length but when this Court was not inclined to interfere in the matter on merits, he submitted that the petitioner who is in possession of the demised premises, may be granted time till 30.06.2017 to vacate the premises in question and he would hand over the vacant possession of the same to the respondent on or before 30.06.2017.
In view of the above, this revision petition stands dismissed on merits. However, as per the statement made by the counsel for the petitioner and to avert any further delay, the revision petition is disposed of in the following terms, which have been accepted by the counsel for the parties:-
For Subsequent orders see CM-24454-CII-2016 1 of 3 ::: Downloaded on - 25-12-2016 10:46:22 ::: {2} CR No. 7449 of 2014 (O&M)
1. The petitioner shall continue to occupy the demised premises up to 30.06.2017, if he is in possession thereof.
2. The entire arrears of rent, if any, shall be deposited by the petitioner with the Rent Controller, Hisar, within a period of 15 days from today through cheque or demand draft, failing which, the respondent shall be at liberty to execute the order of eviction, forthwith.
3. The petitioner shall continue to deposit the future rent by 7th day of every month with the Rent Controller, Hisar. In the event of even a single default, the respondent-landlord shall be free to execute the order of eviction and obtain possession, forthwith.
4. The petitioner shall defray the electricity/ water charges for the period he would occupy the demised premises.
5. The petitioner shall vacate and hand over the actual and physical possession of the demised premises, free from all incumbrances, on or before the stipulated date i.e. 30.06.2017 to the respondent-landlord, failing which, respondent-
landlord shall be free to execute the order of eviction.
6. The petitioner shall furnish an undertaking in the form of an affidavit in the above terms, with the Rent Controller/Executing Court, within a period of 15 days from today, failing which, the respondent- landlord shall be at liberty to execute the order of eviction and obtain actual physical possession For Subsequent orders see CM-24454-CII-2016 2 of 3 ::: Downloaded on - 25-12-2016 10:46:23 ::: {3} CR No. 7449 of 2014 (O&M) forthwith.
7. In case of violation of any of the undertaking(s), the petitioner shall render himself liable to be proceeded against for contempt.
CM No.591-CII of 2015 In view of the order passed in the the main revision petition, no separate order is required to be passed in this application for staying the operation of impugned orders as the same has been rendered infructuous.
Disposed of as such.
Copy of the order be given dasti to the counsel for the parties under the signatures of Bench Secretary of this Court.
( AUGUSTINE GEORGE MASIH )
December 19, 2016 JUDGE
Harish
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
For Subsequent orders see CM-24454-CII-2016 3 of 3 ::: Downloaded on - 25-12-2016 10:46:23 :::