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2011 DIGILAW 1561 (PNJ)

Gian Chand v. Mohinder Lal Kapoor

2011-08-12

RAKESH KUMAR GARG

body2011
JUDGMENT Mr. Rakesh Kumar Garg, J. (Oral) - This is a tenant’s revision petition challenging the impugned order of Rent Controller, Ambala Cantt dated 11.4.2009, whereby his eviction from the demised premises was allowed on the ground of bona fide necessity of the respondent-landlord and further order dated 29.11.2010 of the Appellate Authority, Ambala dismissing the appeal against the aforesaid order. 2. Shorn of unnecessary details, it is suffice to say that both the Courts below, on appreciation of evidence recorded a finding of fact that the demised premises are required for bona-fide need of the respondent-landlord as he wants to start his business along with his son in his own shop, when the learned counsel for the petitioner was unable to challenge the findings of the Courts below, on instructions, from Pankaj son of Shri Gian Chand -petitioner who is present in the Court, learned counsel for the petitioner has submitted that some time be granted to the petitioner to hand over the possession of the shop in dispute to the respondent-landlord. 3. Mr. Brijender Kaushik, Advocate appearing on behalf of respondent has submitted before this Court that any reasonable time as considered by this Court be granted to the petitioner to hand over the vacant possession of the demised premises subject to the condition that the petitioner shall make payment of arrears of rent and shall keep on paying the advance rent till the date of vacation and the petitioner shall also file an undertaking before the Rent Controller that he shall hand over the vacant possession to him on the expiry of stipulated period. 4. After hearing learned counsel for the parties, this revision petition is dismissed with the observations that the petitioner is granted nine months’ time upto 15th May, 2012 to hand over the vacant possession of the demised premises to the respondent-landlord subject to the condition that he shall make payment of arrears, if any, within two months from today and shall also keep on paying the rent in advance by 10th of every month till its vacation. The petitioner shall also file an undertaking before the Rent Controller within one month from today to the effect that he shall hand over the vacant possession of the demised premises to the respondent on or before 15th May, 2012. 5. The petitioner shall also file an undertaking before the Rent Controller within one month from today to the effect that he shall hand over the vacant possession of the demised premises to the respondent on or before 15th May, 2012. 5. It is also made clear that on violation of the aforesaid submission made before this Court or an undertaking to be filed before the Rent Controller, the respondent will be entitled to seek execution of the eviction order immediately. It is further made clear that in case petitioner fails to hand over the vacant possession of the demised premises upto the stipulated date i.e. 15th May, 2012, the respondent shall also be entitled to initiate contempt proceedings against the petitioner, in addition to the execution of eviction order. Disposed of. ----------0BSK0----------