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2025 DAILYLAW 101543 (PNJ)

PANKAJ JAIN AND ANOTHER v. USHA RANI THROUGH LRS

CR/6455/2024 · 2025-04-25

Nidhi Gupta

body2025

Judgment text

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CR-6455-2024 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 235 Pankaj Jain and another Smt. Usha Rani (now CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - NIDHI GUPTA, J. (ORAL) judgment dated dismissing the 29.08.2022 Petition of the respondent petitioners/tenants from the demised was listed for hearing, following order was pa 2024 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Pankaj Jain and another Versus Smt. Usha Rani (now deceased) through her LRs CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Naveen Gupta, Advocate for the petitioners. Mr. Rishab Aggarwal, Advocate for the respondent(s). NIDHI GUPTA, J. (ORAL) The petitioners/tenants are aggrieved of the impugned judgment dated 13.09.2024 passed by the learned Appellate Authority dismissing the appeal filed by the petitioners 29.08.2022 passed by the learned Rent Controller Petition of the respondents has been allowed; and the eviction of the petitioners/tenants from the demised premises/ On the last date of hearing i.e. 24.02.2025 was listed for hearing, following order was pa “After arguing for some time, learned counsel for the non-applicant/petitioners undertakes to deposit the arrears of mesne profits @ Rs.9,000/ today. Subject to compliance of the petitioners as notice above, dispossession of the petitioners from the demised IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-6455-2024 (O&M) Date of Decision: 25.04.2025 .… Petitioners deceased) through her LRs .... Respondent(s) CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Naveen Gupta, Advocate for the petitioners. Mr. Rishab Aggarwal, Advocate for the respondent(s). The petitioners/tenants are aggrieved of the impugned passed by the learned Appellate Authority petitioners against the judgment dated passed by the learned Rent Controller vide which the Rent has been allowed; and the eviction of the premises/shop has been ordered. i.e. 24.02.2025, when this case was listed for hearing, following order was passed by this Court:- “After arguing for some time, learned counsel for the applicant/petitioners undertakes to deposit the arrears of mesne profits @ Rs.9,000/- p.m. within 3 weeks from Subject to compliance of the petitioners as notice dispossession of the petitioners from the demised The petitioners/tenants are aggrieved of the impugned passed by the learned Appellate Authority against the judgment dated the Rent has been allowed; and the eviction of the , when this case “After arguing for some time, learned counsel for the applicant/petitioners undertakes to deposit the arrears p.m. within 3 weeks from Subject to compliance of the petitioners as notice dispossession of the petitioners from the demised RISHU KATARIA 2025.04.28 19:05 I attest to the accuracy and authenticity of this order/judgment. CR-6455-2024 (O&M) that in compliance of the order reproduced above, the duly deposited the entire arrears of total ₹1,87,510/ Learned counsel for the petitioners has produced dated 17.03.2025 passed by the learned Civil Judge (Junior Division), Ambala and receipt dated 22.04.2025, depicting the deposit of aforesaid amount. The same are taken on record. co-ordinate Bench submits that the present petition the petitioner 31.07.2025. in Court submits that he has no objection if some reasonable time is granted to the petitioner payment of disposed of physical, peaceful and vacant possession of the demised premises/shop to the respondent the petitioner 2024 (O&M) -2- property shall remain stayed till the next date of hearing only. List on 20.03.2025.” It is submitted by learned counsel for the petitioner that in compliance of the order reproduced above, the duly deposited the entire arrears of mesne profits @ 1,87,510/- and also the mesne profits for the month of April, 2025. Learned counsel for the petitioners has produced 17.03.2025 passed by the learned Civil Judge (Junior Division), Ambala and receipt dated 22.04.2025, depicting the deposit of aforesaid amount. The same are taken on record. Further, in terms of order dated 19.12.2024 passed by a ordinate Bench of this Court, learned counsel for the petitioner that the present petition may be disposed of the petitioner-tenants from the demised shop 31.07.2025. Learned counsel for the respondent/landlord who is in Court submits that he has no objection if some reasonable time is granted to the petitioners to vacate the demised premises subject to payment of mesne profits for the future months. Heard. In view of the facts noticed above, this petition is being disposed of with the direction that the petitioners physical, peaceful and vacant possession of the demised premises/shop to the respondent-landlords on or before 31.07.2025. It is the petitioner-tenants shall deposit the mesne property shall remain stayed till the next date of hearing It is submitted by learned counsel for the petitioner-tenants that in compliance of the order reproduced above, the petitioners have profits @ ₹9000/- per month in profits for the month of April, 2025. Learned counsel for the petitioners has produced in Court copies of order 17.03.2025 passed by the learned Civil Judge (Junior Division), Ambala and receipt dated 22.04.2025, depicting the deposit of aforesaid Further, in terms of order dated 19.12.2024 passed by a learned counsel for the petitioners may be disposed of, and dispossession of tenants from the demised shop may be stayed till Learned counsel for the respondent/landlord who is present in Court submits that he has no objection if some reasonable time is to vacate the demised premises subject to profits for the future months. In view of the facts noticed above, this petition is being with the direction that the petitioners shall hand over physical, peaceful and vacant possession of the demised premises/shop to 31.07.2025. It is needless to say that mesne profits @ ₹9000/- for the property shall remain stayed till the next date of hearing tenants petitioners have per month in profits for the month of April, 2025. copies of order 17.03.2025 passed by the learned Civil Judge (Junior Division), Ambala and receipt dated 22.04.2025, depicting the deposit of aforesaid Further, in terms of order dated 19.12.2024 passed by a and dispossession of be stayed till present in Court submits that he has no objection if some reasonable time is to vacate the demised premises subject to In view of the facts noticed above, this petition is being hand over physical, peaceful and vacant possession of the demised premises/shop to needless to say that for the RISHU KATARIA 2025.04.28 19:05 I attest to the accuracy and authenticity of this order/judgment. CR-6455-2024 (O&M) months of May to July, 2025 deemed to be dismissed without any further orders. one surety bond before Rent Controller concerned effect that they will handover vacant position, as undertaken above by them. 25.04.2025 rishu 2024 (O&M) -3- months of May to July, 2025; failing which this revision petition will be deemed to be dismissed without any further orders. The petitioners will also furnish a one surety bond before Rent Controller concerned that they will handover vacant position, as undertaken above by Pending application(s), if any, shall also stand disposed of. .2025 Whether speaking/reasoned Whether Reportable ; failing which this revision petition will be deemed to be dismissed without any further orders. The petitioners will also furnish an undertaking along with one surety bond before Rent Controller concerned within a fortnight to the that they will handover vacant position, as undertaken above by Pending application(s), if any, shall also stand disposed of. ( NIDHI GUPTA ) JUDGE Whether speaking/reasoned Yes/No Yes/No ; failing which this revision petition will be n undertaking along with to the that they will handover vacant position, as undertaken above by RISHU KATARIA 2025.04.28 19:05 I attest to the accuracy and authenticity of this order/judgment.