Tarsem Lal Vs. Ashok Kumar Bindlish and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1072050
CourtPunjab and Haryana High Court
Decided OnSep-02-2013
AppellantTarsem Lal
RespondentAshok Kumar Bindlish and Others
Excerpt:
cr 7241/2011 1 in the high court of punjab & haryana at chandigarh cr 7241/2011 date of decision:02/09/2013 tarsem lal .............petitioner v. ashok kumar bindlish & others .............respondent coram: hon'ble mr.justice jaswant singh present:- mr.mukesh kumar mittal,advocate for the petitioner/tenant jaswant singh,j.(oral) the tenant is in revision under section 15(5) of the east punjab urban rent restriction act,1949 (as applicable to chandigarh) against the concurrent findings recorded by both the authorities below whereby he has been ordered to be evicted from a portion of the demised h.no.1653, sector 7-c, chandigarh by the learned rent controller, chandigarh vide judgement dated 12.3.2009 on the ground of personal necessity of the landlords; and the findings thereof have been affirmed by the learned appellate authority, chandigarh vide judgement dated 18.10.2011. after arguing for sometime and realising that this court is not inclined to interfere with the concurrent findings recorded by both the authorities below, learned counsel for the petitioner, on instructions, prays for grant of some reasonable time to vacate the demised premises. joshi rajinder prashad 2013.09.03 11:52 i attest to the accuracy of this order. high court, chandigarh. cr 7241/2011 2 notice of motion to respondents to the limited extent of grant of reasonable time to vacate the demised premises. mr.kl kohli,advocate who is present in court accepts notice and on instructions from the respondent no.1-ashok kumar bindlish,who is present in court has graciously accepted the proposal provided the petitioner/tenants clears arrears of rent. in view of the agreed stand taken by the learned counsel for the parties, the present revision petition is dismissed as not pressed, however 1 year's time commencing from 1.9.2013 is granted to the petitioner/tenant for making alternative arrangement to vacate the demised premises subject to his furnishing an undertaking on or before 30.9.2013 before the learned rent controller, chandigarh that he shall hand over actual, physical, vacant and peaceful possession of the demised premises to the respondents/landlords by 31.8.2014. the petitioner shall also clear arrears of rent, if any, and shall pay future rent in advance by 7th of every month for the 1 year's time granted to him commencing from 1.9.2013 needless to say that any violation of the aforesaid terms shall entitle the landlords to seek petitioner's eviction forthwith with police help, if necessary, without recours.to any other remedy besides the petitioner/tenant making himself liable to be hauled up in contempt proceedings. 02.09.2013. (jaswant singh) joshi judge joshi rajinder prashad 2013.09.03 11:52 i attest to the accuracy of this order. high court, chandigarh.
Judgment:

CR 7241/2011 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CR 7241/2011 Date of decision:02/09/2013 Tarsem Lal .............Petitioner v.

Ashok Kumar Bindlish & others .............Respondent CORAM: HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.Mukesh Kumar Mittal,Advocate for the petitioner/tenant Jaswant Singh,J.(Oral) The tenant is in revision under Section 15(5) of the East Punjab Urban Rent Restriction Act,1949 (as applicable to Chandigarh) against the concurrent findings recorded by both the Authorities below whereby he has been ordered to be evicted from a portion of the demised H.No.1653, Sector 7-C, Chandigarh by the learned Rent Controller, Chandigarh vide judgement dated 12.3.2009 on the ground of personal necessity of the landlords; and the findings thereof have been affirmed by the learned Appellate Authority, Chandigarh vide judgement dated 18.10.2011.

After arguing for sometime and realising that this Court is not inclined to interfere with the concurrent findings recorded by both the Authorities below, learned counsel for the petitioner, on instructions, prays for grant of some reasonable time to vacate the demised premises.

Joshi Rajinder Prashad 2013.09.03 11:52 I attest to the accuracy of this Order.

High Court, Chandigarh.

CR 7241/2011 2 Notice of motion to respondents to the limited extent of grant of reasonable time to vacate the demised premises.

Mr.KL Kohli,Advocate who is present in Court accepts notice and on instructions from the respondent no.1-Ashok Kumar Bindlish,who is present in Court has graciously accepted the proposal provided the petitioner/tenants clears arrears of rent.

In view of the agreed stand taken by the learned counsel for the parties, the present revision petition is dismissed as not pressed, however 1 year's time commencing from 1.9.2013 is granted to the petitioner/tenant for making alternative arrangement to vacate the demised premises subject to his furnishing an undertaking on or before 30.9.2013 before the learned Rent Controller, Chandigarh that he shall hand over actual, physical, vacant and peaceful possession of the demised premises to the respondents/landlords by 31.8.2014.

The petitioner shall also clear arrears of rent, if any, and shall pay future rent in advance by 7th of every month for the 1 year's time granted to him commencing from 1.9.2013 Needless to say that any violation of the aforesaid terms shall entitle the landlords to seek petitioner's eviction forthwith with police help, if necessary, without recouRs.to any other remedy besides the petitioner/tenant making himself liable to be hauled up in contempt proceedings.

02.09.2013.

(Jaswant Singh) joshi Judge Joshi Rajinder Prashad 2013.09.03 11:52 I attest to the accuracy of this Order.

High Court, Chandigarh.