Gurjit Kaur vs. Romesh Kumar Ghai

ITEM NO.31 COURT NO.4 SECTION IVB

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 27147/2014

(Arising out of impugned final judgment and order dated 03/07/2014 in CR No. 1416/2002 passed by the High Court Of Punjab & Haryana At Chandigarh)

GURJIT KAUR AND ANR Petitioner(s)

VERSUS

ROMESH KUMAR GHAI AND ORS Respondent(s) (with appln. (s) for exemption from filing c/c of the impugned judgment and office report)

Date : 03/11/2014 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR HON'BLE MR. JUSTICE ARUN MISHRA

For Petitioner(s) Mr. R.K. Kappor, Adv. for Mr. Anis Ahmed Khan,AOR(NP)

For Respondent(s) Mr. K. C. Dua,Adv.

UPON hearing the counsel the Court made the following O R D E R

Having considered the claim of the petitioners on merits, we find no justification whatsoever to interfere with the impugned order passed by the High Court.

The special leave petition is dismissed.

Learned counsel for the petitioners finding himself in the aforesaid predicament states, that the landlord-respondent no.1 Romesh Kumar Ghai is going to lease the premises in any case, and as such, the petitioners are willing to pay a higher rent to the landlord-respondent No.1, if they are allowed to Digitally signed by Parveen Kumar Chawla Date: 2014.11.07 17:15:27 IST Reason: Signature Not Verified

continue in the premises in question.

During the course of hearing, Rakesh Kumar Ghai, the younger brother of respondent no.1, who is present in Court, states, that the respondent would be ready and willing to lease the premises to the petitioners at a monthly rent of Rs.25,000/ per month.

In the facts and circumstances of the case, we consider it just and appropriate to allow the petitioners to continue in possession of the premises till 31.12.2014, by which time, the petitioners shall execute a fresh lease deed at the aforesaid rent with respondent no.1. In case, no such lease deed is executed by the petitioners, they shall handover vacant possession of the premises to respondent no.1-Romesh Kumar Ghai on or before 31.12.2014.

(Parveen Kr. Chawla) (Renu Diwan) Court Master Court Master