Punjab-Haryana High Court
Pawan Kumar vs Tejinder Kumar on 19 October, 2024
Author: Vikas Bahl
Bench: Vikas Bahl
Neutral Citation No:=2024:PHHC:136757
CR No.6044 of 2024 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
115 CR No.6044 of 2024 (O&M)
Date of Decision: 19.10.2024
Pawan Kumar ..... Petitioner
Versus
Tejinder Kumar ..... Respondent
CORAM: HON'BLE MR. JUSTICE VIKAS BAHL
Present: Mr. Deepak Jindal, Advocate for the petitioner.
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VIKAS BAHL, J (ORAL)
1. Challenge in the present petition is to the judgment dated 03.01.2024 vide which the petition under Section 13 of the East Punjab Urban Rent Restriction Act for eviction of the shop in question against the present petitioner has been allowed and the petitioner has been directed to vacate the premises. The challenge is also to the judgment dated 22.08.2024 vide which the appeal filed by the petitioner has been dismissed by the Appellate Authority.
2. Learned counsel for the petitioner, during the course of arguments, has submitted that the petitioner be permitted to withdraw the present petition but has prayed that some time be granted to the petitioner to shift to another premises. It is submitted that the petitioner is a tenant in the premises since 1988. He has further submitted that till the time the petitioner occupies the premises, he would pay an amount of Rs.2,000/- per month as rent to the respondent.
3. Keeping in view the above said facts and circumstances of the case and also the fact that the petitioner is a tenant since the year 1988, the 1 of 2 ::: Downloaded on - 25-10-2024 01:41:56 ::: Neutral Citation No:=2024:PHHC:136757 CR No.6044 of 2024 (O&M) -2- petitioner is permitted to withdraw the present revision petition with the following directions:-
i) The petitioner would vacate the premises and would hand over the keys of the premises to the respondent on or before 19.12.2024.
ii) The petitioner would pay a rent of Rs.2,000/- per month to the respondent from the month of October, 2024 to December, 2024. The rent for the month of October, 2024 would be paid, on or before 26.10.2024 and for the remaining two months, the same would be paid on or before 15th of every month.
iii) The petitioner would file an undertaking on the above said two aspects before the Executing Court within a period of two weeks from today.
4. It is made clear that in case the petitioner does not submit the said undertaking or does not comply with any of the abovesaid conditions then it would be open to the respondent to seek immediate possession of the premises in question from the petitioner by applying for police help in addition to taking recourse to other proceedings including the Contempt of Courts Act.
5. In view of what has been observed above, the present revision petition is disposed of.
6. All the pending miscellaneous applications, if any, shall stand disposed of in view of the abovesaid order.
(VIKAS BAHL)
19.10.2024 JUDGE
D.Bansal
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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