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Punjab-Haryana High Court

Davinder Sian vs Surinder Singh And Anr on 9 December, 2019

Author: Arun Palli

Bench: Arun Palli

             IN THE HIGH COURT OF PUNJAB AND HARYANA
                      AT CHANDIGARH

                                                     CR No. 7910 of 2019 (O&M)
                                                     Date of decision: 09.12.2019

Davinder Sian                                                   ... Petitioner

                                            Versus

Surinder Singh and another                                    ... Respondents


CORAM: HON'BLE MR. JUSTICE ARUN PALLI, JUDGE

Present:     Mr. Ramesh Sharma, Advocate, for the petitioner.

                    ***

ARUN PALLI, J. (Oral)

An order of ejectment, dated 10.7.2018, was passed against the petitioner-tenant by the Rent Controller, Chandigarh, on account of arrears of rent as also personal bonafide need of the respondents. The appeal preferred against the said order failed and was dismissed by the appellate court, vide impugned judgment dated 9.10.2019, and this is how, the petitioner is before this Court.

Learned counsel for the petitioner, at the outset, submits that he has instructions not to pursue the matter any further provided the petitioner is granted five months' time to arrange an alternate accommodation and vacate the demised premises.

In the wake of the above, and without issuing notice to the respondents to avert any further delay and the expenses that they shall have to incur to defend these proceedings, the revision petition is disposed of in the following terms:-

a) Petitioner-tenant shall continue to occupy the demised premises for a period of five months from today, i.e. up to 08.05.2020;

b) Petitioner-tenant shall clear all arrears of rent, if any, within a week from today and shall continue to deposit the agreed rent by 7th of every month till 08.05.2020, or he remains in occupation of the premises. However, in the event of default 1 of 2 ::: Downloaded on - 10-12-2019 00:29:03 ::: -2- of any of these conditions, the arrangement set out herein shall stand vacated and the respondents shall be free to execute the decree forthwith and obtain the possession;

c) Petitioner-tenant shall be liable to clear arrears of electricity and water bills, if any, and shall continue to pay those charges till he vacates the premises;

d) On the expiry of five months' period, i.e. on 08.05.2020, the petitioner shall vacate the demised premises and handover the actual physical possession, free from all encumbrances, to the respondents-landlords, failing which, they shall seek execution of the ejectment order forthwith and appropriate proceedings on account of violation of this arrangement shall also be initiated against the petitioner; and

e) Petitioner shall furnish an affidavit in the above terms within three days from today before this Court as also executing court, failing which, the respondents shall be free to execute the order of ejectment.

A copy of this order, under the signatures of Bench Secretary, be given dasti to the learned counsel for the petitioner.





                                                      (ARUN PALLI)
                                                         JUDGE
December 09, 2019
AK Sharma

             Whether speaking / reasoned:            YES
             Whether Reportable:                     NO




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