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2018 DIGILAW 482 (PNJ)

Sugan Chand v. Shiv Shankar deceased through his LR Mahesh Chand

2018-02-05

SURINDER GUPTA

body2018
JUDGMENT : SURINDER GUPTA, J. 1. After arguing for some time, learned counsel for the petitioner seeks permission to withdraw this petition with prayer that petitioner be allowed reasonable time for vacating and handing over the possession of the demised premises to the respondent-landlord. The petitioner is carrying on his business in the demised premises for the last more than 32 years and require some time to search for alternate accommodation to carry on his business. In view of request of learned counsel for the petitioner, this petition is dismissed as withdrawn. In view of the request of learned counsel for petitioner, the revision petitioner is allowed period upto 31st December, 2018 to vacate and hand over the vacant possession of the demised premises to the respondent-landlord, subject to the following terms:- (i) The petitioner-tenant will pay/deposit the entire due rent upto 28th February 2018 within two weeks. (ii) He will keep on paying/depositing the advance rent/mesne profits of subsequent months upto 31.12.2018 on or before 7th day of each month. (iii) He will file affidavit before the Executing Court within three weeks giving details of entire payment of rent/mesne profits and undertaking to vacate and hand over the vacant possession of the demised premises to the respondent on or before 31.12.2018. 2. In case of default in compliance of any of the above terms, the respondent-landlord will be entitled to execute the order of ejectment forthwith. 3. The order has been passed in the absence of respondent-landlord to avoid unnecessary delay and expenses. A copy of this order be conveyed to the respondent. In the event of respondent having any objection, he may file application to that effect. On receipt of the application, the same be listed for hearing.