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Punjab-Haryana High Court

Sandeep Ghai vs Harminder Singh And Ors on 9 January, 2023

Author: Arun Monga

Bench: Arun Monga

          CM-30-CII-2023 in/and CR-12-2023 (O&M) & connected case

          113
                       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                      CHANDIGARH

                                                                   Date of Decision: 09.01.2023

          1)         CM-30-CII-2023 in/and CR-12-2023 (O&M)

          Sandeep Ghai                                                   ...Petitioner
                                                      Versus
          Harminder Singh and others                                     ....Respondents


          2)         CM-138-CII-2023 in/and CR-43-2023 (O&M)

          Sandeep Ghai                                                   ...Petitioner
                                                      Versus
          Harminder Singh and others                                     ....Respondents

          CORAM: HON'BLE MR. JUSTICE ARUN MONGA
          Present:
                 Mr. Ashok Aggarwal, Sr. Advocate
                 with Mr. Namit Gautam, Advocate
                 for the petitioner.
                 Mr. Amit Jhanji, Sr. Advocate
                 with Ms. Priyanka Kansal, Advocate &
                 Mr. Ayush Gupta, Advocate
                 for the respondents.
                                        *****
          ARUN MONGA, J. (ORAL)

CM-30-CII-2023 in CR-12-2023 & CM-138-CII-2023 in CR-43-2023 For the reasons stated, the applications are allowed subject to all just exceptions. Persons mentioned in para No.2 of the application are impleaded as legal representatives of the deceased -Bhupinder Kaur - respondent No.2.

Main Revision Petitions Vide this common order, above-mentioned two revision petitions are being disposed of, since not only the facts but the issues raised therein are inter connected.

2023.01.10 14:51 I attest to the accuracy and integrity of this document CM-30-CII-2023 in/and CR-12-2023 (O&M) & connected case

2. Under challenge is a common judgment dated 16.11.2022 rendered by learned Appellate Authority, Ludhiana upholding Rent Controller's order dated 29.10.2019, whereby eviction petition filed by the landlord was allowed.

3. Petition bearing CR No.12 of 2023 has been filed assailing the dismissal of rent appeal while the second petition bearing CR No.43 of 2023 is against the acceptance of cross-objections filed by the respondents in the rent appeal, resulting in reversal of finding returned by the Ld. Rent Controller qua issue No.2.

4. After hearing the competing arguments of the learned respective seniors at some length on merits of the case, when this court expressed disinclination to interfere in the well-reasoned and cogent findings rendered by both the courts below, learned Senior Counsel for the petitioner under instructions of his briefing counsel in presence of petitioner in person, states that he would not press the petitions, provided some reasonable time is granted to vacate the premises. On court query, learned Senior submits that reasonable time would be one year to enable the petitioner/tenant to make alternate arrangements. Learned Senior Counsel, under instructions, further submits that the tenant would clear the arrears, of rent, if any, @ Rs.18,000/- per month and continue to pay the same for next 12 months.

5. Per contra, learned Senior Counsel for the respondent-landlords, under instructions of his instructing counsel and the respondent No.1 in person, strenuously opposes grant of 12 months and states that a period of 9 months is more than sufficient.

ASHISH Page 2 of 3 2023.01.10 14:51 I attest to the accuracy and integrity of this document CM-30-CII-2023 in/and CR-12-2023 (O&M) & connected case

6. Be that as it may, keeping in view the statement made by the learned Senior/his instructing counsel appearing for the petitioner, and in order give a non-adversarial and peaceful quietus, atleast at this stage, to what has already been a cantankerous lis, and to avoid unnecessary furtherance of it, petitioner/tenant is directed to hand over actual, physical and vacant possession of the demised premises to the respondents/landlords within a period of one year from today. In case of two consecutive defaults in payment of monthly rent, the landlords shall have the liberty to seek execution of eviction/ejectment orders assailed herein. .

7. Needless to say, that any violation of the aforesaid shall entitle the landlords to seek eviction without recourse to any other remedy, with police help, if the situation would so warrant. Besides, the petitioner/tenant would be making himself liable for contempt proceedings. Petitioner shall also file an undertaking affidavit of his own, in terms of the aforesaid statement made on his behalf.

8. Since the main revision petitions have been disposed of, pending applications, if any, shall also stand disposed of.

                                                                  (ARUN MONGA)
                                                                      JUDGE
          January 09, 2023
          ashish

                                    Whether speaking/reasoned:          Yes/No

                                    Whether reportable:                 Yes/No




ASHISH                                                                                 Page 3 of 3
2023.01.10 14:51
I attest to the accuracy and
integrity of this document