Punjab-Haryana High Court
Satish Kumar vs Narinder Kumar And Ors on 20 February, 2019
Author: Jaishree Thakur
Bench: Jaishree Thakur
Civil Revision No.11629 of 2018 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
Civil Revision No.11629 of 2018 (O&M)
Date of Decision: February 20, 2019
Satish Kumar
...... Petitioner
VERSUS
Narinder Kumar and others
..... Respondents
CORAM:- HON'BLE MS. JUSTICE JAISHREE THAKUR
Present: Mr. R.D. Sharma, Advocate
for the petitioner-tenant.
Mr. Vishal Munjal, Advocate
for respondent No.1.
*****
JAISHREE THAKUR, J.(Oral)
The petitioner-tenant herein seeks to challenge the orders of the Rent Controller and the Appellate Authority, Chandigarh by which the eviction petition filed under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (in short 'the Act') has been allowed on the ground of bona-fide personal necessary.
After arguing for some time, learned counsel for the petitioner on instructions from the petitioner, does not press the instant revision on merits, however, prayed that petitioner be allowed reasonable time for making arrangements of alternative accommodation as well as for vacating/handing over the possession of the tenanted premises to the respondent-landlord.
On the other hand, learned counsel for the respondent-landlord does not object in case, reasonable time is allowed to the petitioner-tenant to 1 of 2 ::: Downloaded on - 17-03-2019 06:39:17 ::: Civil Revision No.11629 of 2018 (O&M) -2- vacate the tenanted premises, subject to his depositing/clearing the entire arrears of rent/mesne profits upto date as well as regularly paying the future rent and furnishing the undertaking to the effect that he will hand over the vacant possession of the tenanted premises to the the respondent-landlord.
In view of the above, this revision is disposed of being not pressed. Order of eviction dated 03.09.2016 passed by the Rent Controller, which was affirmed in appeal by the Appellate Authority is confirmed. However, the revision petitioner is allowed period upto 20th August, 2019 to vacate the tenanted premises, subject to the following terms:-
(i) The petitioners-tenant will pay/deposit the entire due rent/mesne profits upto February, 2019 within a period of four weeks.
(ii) He will keep on paying/depositing the advance rent/mesne profits of subsequent months upto 20.08.2019 on or before 7th day of each calendar month.
(iii) He will file an affidavit before the Rent Controller within three weeks giving details of entire payment of rent/mesne profits and undertaking to vacate and hand over the vacant possession of the tenanted premises to the respondents-landlord on or before 20th August, 2019 In case, the petitioner-tenant makes default of any of the above-
said terms, the respondent-landlord would be entitled to execute the order of eviction forthwith.
Disposed of accordingly.
20.02.2019 (JAISHREE THAKUR)
seema JUDGE
Whether speaking/reasoned Yes.
Whether reportable No.
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