Hem Raj vs. Harbans Singh (Now Deceased) Through His Legal Heirs

ITEM NO.10 COURT NO.13 SECTION IV-B

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). 27826/2023

(Arising out of impugned final judgment and order dated 12-07-2023 in RSA No. 1233/2020 passed by the High Court of Punjab & Haryana at Chandigarh)

HEM RAJ Petitioner(s)

VERSUS

HARBANS SINGH (NOW DECEASED) THROUGH HIS LEGAL HEIRS Respondent(s)

(FOR ADMISSION and I.R. and IA No.257607/2023-CONDONATION OF DELAY IN FILING)

Date : 14-12-2023 This petition was called on for hearing today.

CORAM :

HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE UJJAL BHUYAN

For Petitioner(s) Mr. Soumitra Chatterjee, Adv. Ms. Sriparna Chatterjee, Adv. Mr. M.k. Garg, Adv. Mr. Ashish Kumar Sinha, Adv. Mr. Anant Kumar Vatsya, AOR

For Respondent(s)

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

Delay condoned.

The Special Leave Petition is dismissed.

At this stage, learned counsel for the petitioner Mr. Soumitra Chatterjee sought for some time to vacate and handover vacant possession of the schedule premises to the respondents.

Considering the hardships expressed, six months' time from today is granted to vacate and handover vacant possession of the schedule premises to the respondent-landlord subject to filing an Digitally signed by RADHA SHARMA Date: 2023.12.15 15:20:34 IST Reason: Signature Not Verified

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undertaking before this Court within a period of four weeks from today to the following effect:-

(1) that the petitioner shall vacate and handover vacant possession of the schedule premises to the respondents within a period of six months from today;

(2) that the petitioner shall not seek any further extension of time to vacate and handover vacant possession of the schedule premises to the respondents;

(3) that during the period of six months referred to above the petitioner shall not create any third party rights in respect of the schedule premises;

(4) that the petitioner shall not damage the schedule premises while he is in possession;

(5) that the petitioner shall pay all arrears of rent and other dues, if any, in respect of the schedule premises to the respondents.

Since we have passed this order without issuing of notice to the respondents, a copy of this order shall be transmitted to the respondents by the Registry of this Court.

In the event, this order is prejudicial to the interest of the respondents, liberty is reserved to the respondents to move this Court.

Pending application(s), if any, shall stand disposed of.

(RADHA SHARMA) (MALEKAR NAGARAJ)

COURT MASTER (SH) COURT MASTER (NSH)

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