C.R. No. 1671 of 2014(Oandm) Vs. Asha Kumari and Another - Court Judgment

SooperKanoon Citationsooperkanoon.com/1137981
CourtPunjab and Haryana High Court
Decided OnApr-21-2014
AppellantC.R. No. 1671 of 2014(Oandm)
RespondentAsha Kumari and Another
Excerpt:
in the high court of punjab and haryana at chandigarh c.r. no.1671 of 2014(o&m) date of decision :21. 04.2014 arvind kumar gupta ....petitioner versus asha kumari and another ...respondents coram : hon'ble mr.justice mahesh grover present:- mr. yowan sharma, advocate for the petitioner mr. manoj kumar, advocate for the respondents mahesh grover, j.learned counsel for the petitioner states that he will not press the instant petition on merits, in case the petitioner is granted some time to vacate the premises. this prayer is not seriously opposed by counsel for the respondents who has stated that in case the petitioner furnishes an undertaking before the learned rent controller within a period of two weeks from today to vacate the premises by 31.12.2014, he would have no objection provided mesne profits is paid to the respondents. the mesne profit is assessed at the rate of ` 10,000/- p.m. having regard to the aforesaid, i deem it appropriate to dispose of the instant petition as not pressed but with the direction that the petitioner shall furnish an undertaking before the learned rent controller within a period of two weeks to the following effect :- 1. that he shall hand over physical vacant possession of the demised premises to the landlord on or before reena 2014.04.24 10:28 31.12.2014. i attest to the accuracy and integrity of this document chandigarh c.r. no.1671 of 2014(o&m) 2 2. that he shall pay all arrears of rent/mesne profit up to date to the landlord within two weeks alongwith the undertaking.3. that he shall continue to make payment of future rent/mesne profit at the agreed rate i.e. ` 10,000/- p.m. till the physical vacant possession of the demised premises is handed over to the landlord by the 7th of each month.4. that he shall not commit any default in payment of arrears of rent or the monthly rent/mesne profit and that even a single default will disentitle him to the benefit of this order.5. that if the arrears of rent or the monthly rent is not paid as aforesaid, the landlord shall be entitled to execute the eviction order forthwith.6. that he shall not sublet or change the nature/condition of the demised premises and the physical vacant possession of the demised premises shall be handed over to the landlord in the condition as it stands today.7. that if he make an attempt to deviate from the undertaking, the landlord shall be entitled to apprise the rent controller, who shall proceed to get the demised premises vacated and to hand over the physical vacant possession thereof to him by granting police assistance at the first instance itself. any violation of the undertaking shall be viewed with seriousness and invite appropriate action under the law. petition stands disposed of. april 21, 2014 (mahesh grover) reena judge reena 2014.04.24 10:28 i attest to the accuracy and integrity of this document chandigarh
Judgment:

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.1671 of 2014(O&M) Date of Decision :

21. 04.2014 Arvind Kumar Gupta ....Petitioner Versus Asha Kumari and another ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER Present:- Mr. Yowan Sharma, Advocate for the petitioner Mr. Manoj Kumar, Advocate for the respondents MAHESH GROVER, J.

Learned counsel for the petitioner states that he will not press the instant petition on merits, in case the petitioner is granted some time to vacate the premises. This prayer is not seriously opposed by counsel for the respondents who has stated that in case the petitioner furnishes an undertaking before the learned Rent Controller within a period of two weeks from today to vacate the premises by 31.12.2014, he would have no objection provided mesne profits is paid to the respondents. The mesne profit is assessed at the rate of ` 10,000/- p.m. Having regard to the aforesaid, I deem it appropriate to dispose of the instant petition as not pressed but with the direction that the petitioner shall furnish an undertaking before the learned Rent Controller within a period of two weeks to the following effect :- 1. That he shall hand over physical vacant possession of the demised premises to the landlord on or before Reena 2014.04.24 10:28 31.12.2014. I attest to the accuracy and integrity of this document chandigarh C.R. No.1671 of 2014(O&M) 2 2. That he shall pay all arrears of rent/mesne profit up to date to the landlord within two weeks alongwith the undertaking.

3. That he shall continue to make payment of future rent/mesne profit at the agreed rate i.e. ` 10,000/- p.m. till the physical vacant possession of the demised premises is handed over to the landlord by the 7th of each month.

4. That he shall not commit any default in payment of arrears of rent or the monthly rent/mesne profit and that even a single default will disentitle him to the benefit of this order.

5. That if the arrears of rent or the monthly rent is not paid as aforesaid, the landlord shall be entitled to execute the eviction order forthwith.

6. That he shall not sublet or change the nature/condition of the demised premises and the physical vacant possession of the demised premises shall be handed over to the landlord in the condition as it stands today.

7. That if he make an attempt to deviate from the undertaking, the landlord shall be entitled to apprise the Rent Controller, who shall proceed to get the demised premises vacated and to hand over the physical vacant possession thereof to him by granting police assistance at the first instance itself. Any violation of the undertaking shall be viewed with seriousness and invite appropriate action under the law. Petition stands disposed of. April 21, 2014 (Mahesh Grover) reena Judge Reena 2014.04.24 10:28 I attest to the accuracy and integrity of this document chandigarh