Citation : 2024 Latest Caselaw 19263 P&H
Judgement Date : 19 October, 2024
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.
*****
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
Neutral Citation No:=2024:PHHC:136757
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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