Om Parkash Bajaj vs Ramesh Kumar Arora on 8 October, 2009

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH


                                Civil Revision No.5767 of 2009 (O&M)

                                Date of Decision : 08.10.2009


Om Parkash Bajaj                                   .....Petitioner
      versus
Ramesh Kumar Arora                                 .....Respondent


CORAM : HON'BLE MR.JUSTICE SURYA KANT.


Present : Mr.K.S.Boparai, Advocate, for the petitioner.
          Mr.H.N.Mehtani, Advocate, for the respondent.
                      -.-

1. Whether Reporters of Local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?

                         ---

                         ORDER

Surya Kant, J. (Oral)

This revision petition is directed by the tenant, who has been

ordered to be evicted from the demised premises i.e. H.No.960, Sector 16,

Panchkula, by the Rent Controller, Panchkula, vide the impugned order

dated 13.8.2009 passed under Section 13-A of the Haryana Urban (Control

of Rent and Eviction) Act, 1973 and further declined his application for

leave to defend also, decided on the same day.

After arguing the case for some time, counsel for the

petitioner states at the bar that given some reasonable period for vacation

of the house, say, upto 31.3.2010, the petitioner is ready and willing not to
C.R. No.5767 of 2009 (O&M) 2

press this revision petition on merits and give an undertaking to vacate the

house and hand-over the peaceful vacant possession to the respondent-

landlord on or before 31.3.2010.

Notice of motion.

Mr.H.N.Mentani, Advocate, being present in Court, accepts

notice on behalf of the respondent-landlord. On instructions from the

respondent, who is also present in Court, he agrees to the offer made by the

petitioner-tenant.

In this view of the matter, this revision petition is disposed of

in the following terms and conditions:-

(i) the petitioner-tenant shall pay the entire arrears of rent by way

of demand draft in favour of the respondent-landlord on or

before 15.10.2009;

(ii) the petitioner-tenant shall also keep on paying the monthly

rent in advance before 10th of every month by way of demand

draft in favour of the respondent-landlord till the house is

vacated;

(iii) the petitioner-tenant shall give an undertaking within one

week from the date of receiving a certified copy of this order,

by way of his affidavit before the Rent Controller, Panchkula,

that he shall hand-over the peaceful vacant possession of the

house to the respondent-landlord on or before 31.3.2010;

(iv) subject to the compliance of conditions No.(i) to (iii) above,

the petitioner-tenant shall be entitled to retain the possession
C.R. No.5767 of 2009 (O&M) 3

of the house till 31.3.2010.

(v) It is made clear that in the event of any default on the part of

the petitioner-tenant, the respondent-landlord shall be entitled

to secure possession of the demised-house through police

assistance without prejudice to his rights to initiate contempt

of Court proceedings against the petitioner.

(vi) Dasti.

08-10-2009                                            (SURYA KANT)
  Mohinder                                                JUDGE