C.R. No.6003 of 2013 (O&M) #1#

Manoj Kumar 2013.10.31 16:02 I attest to the accuracy and integrity of this document High Court Chandigarh

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

C.R. No.6003 of 2013 (O&M)

Date of Decision: 29.10.2013

Lt. Col.(Retd.) Sudarshan Kumar Sharma

.....Petitioner(s)

Versus

Wing Commander (Retd) Ajeet Sharma

....Respondent(s)

CORAM: HON'BLE MR. JUSTICE JASWANT SINGH

Present: Mr. Siddharth Sanwaria, Advocate for the petitioner.

Mr. H.S. Awasthy, Advocate for the respondent.

JASWANT SINGH, J (ORAL)

The dispute is between two brothers. Tenant-elder brother is in revision aggrieved against the findings recorded by both the Authorities below whereby he has been ordered to be evicted from the demised premises on the ground of personal necessity, material alterations and nonpayment of rent w.e.f April 1999 in the eviction petition filed by the ownerbrother.

This Court vide order dated 3.10.2013, on the limited prayer of the petitioner-tenant had issued notice for grant of some reasonable time to vacate the demised premises.

Upon notice, the landlord has put in appearance through his counsel, who states that he has no objection if one year's time w.e.f 1.11.2013 is granted to the petitioner-tenant for vacating the demised residential house subject to his clearing arrears at the rate of Rs.5000/- per month w.e.f 1.5.2013 and continuing to pay the same at the said rate.

Learned counsel for the petitioner-tenant accepts the offer made by the respondent-landlord. He further undertakes to clear the arrears at the rate of Rs.5000/- per month and also continue to pay future rent at the same rate.

In view of the above, the present petition is dismissed as not pressed, however, one year time commencing with effect from 1.11.2013 is granted to the petitioner-tenant for making alternative arrangement subject to his furnishing an undertaking on or before 20.11.2013 to the Court of learned Rent Controller, Chandigarh, that he shall hand over actual physical vacant possession of the demised premises to the respondent-landlord by 31.10.2014. The undertaking shall also state that the entire arrears of rent, if any, at the already determined rate have been deposited in the Court of learned Rent Controller by 20.11.2013 and the respondent shall continue to pay the rent in advance by 7 th of each calendar month. Needless to say that any violation of the terms shall entitle the landlord to seek his eviction forthwith with police help, if necessary without recourse to any other remedy besides the petitioner-tenant making himself liable in contempt proceeding.

manoj JUDGE

October 29, 2013 ( JASWANT SINGH )