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2025 DAILYLAW 28840 (PNJ)

KULDEEP KUMAR v. ANITA MEHTA

CR/1175/2025 · 2025-09-11

Nidhi Gupta

body2025

Judgment text

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CR-1175-2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 136 Kuldeep Kumar Anita Mehta CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - NIDHI GUPTA, J. (ORAL) 1. tenant against the Appellate Authority respondent learned Rent Controller, petitioner has been ordered from the demised shop payment of rent and personal landlord. 2. to interfere in the matter on merits, learned counsel instructions from the petitioner who is present in Court be granted on the last date of h petitioner-tenant had sought time to get necessary instructions in this regard. 2025 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-1175 Date of Decision: 1 Kuldeep Kumar Versus Anita Mehta CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Kuldeep Kumar-petitioner in person with Mr. Hardik Ahluwalia, Advocate NIDHI GUPTA, J. (ORAL) The present revision petition has been filed tenant against the judgment dated 26.11.2024 Appellate Authority, Ludhiana, whereby the appeal filed by the respondent-landlord against the order dated learned Rent Controller, Khanna, was allowed and r has been ordered from the demised shop payment of rent and personal bona fide requirement After arguing for some time, when this Court is not inclined to interfere in the matter on merits, learned counsel instructions from the petitioner who is present in Court be granted 06 months time to vacate the demi on the last date of hearing i.e. 02.09.2025, tenant had sought time to get necessary instructions in this IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1175-2025 (O&M) Date of Decision: 11.09.2025 .… Petitioner .... Respondent CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA petitioner in person with Mr. Hardik Ahluwalia, Advocate. revision petition has been filed by the petitioner- judgment dated 26.11.2024 passed by the learned , Ludhiana, whereby the appeal filed by the against the order dated 03.10.2018, passed by the was allowed and eviction of the r has been ordered from the demised shop on the ground of non- requirement of the respondent- After arguing for some time, when this Court is not inclined to interfere in the matter on merits, learned counsel for the petitioner on instructions from the petitioner who is present in Court prays that he may 06 months time to vacate the demised premises/shop. In fact, i.e. 02.09.2025, learned counsel for the tenant had sought time to get necessary instructions in this passed by the learned , Ludhiana, whereby the appeal filed by the 03.10.2018, passed by the eviction of the After arguing for some time, when this Court is not inclined for the petitioner on prays that he may In fact, learned counsel for the tenant had sought time to get necessary instructions in this RISHU KATARIA 2025.09.11 20:20 I attest to the accuracy and authenticity of this order/judgment. CR-1175-2025 (O&M) 3. the respond now pending adjudication for 18.09.2025. It is also informed that the petitioner-tenant is in arrears of rent to the tune of (approximately) has brought a demand draft No. 580484 dated ₹1,00,000/- demand draft 4. in Court, learned counsel undertakes that over the aforesaid demand draft to the respondent Executing Court on the next date of hearing i.e. 1 5. 6. of the case and the aforesaid undertaking given by learned counsel for the petitioner-tenant, the present petition is Notice of Motion to the the matter; and the petitioner demised premises/shop in 06 months from today and will hand over physical, peaceful and vacant possession of the demised premises/sho the respondent arrears of rent, if any, before the learned Executing Court on the next date of hearing i.e. 18.09.2025. 7. one surety bond before the learned Executing Court on or before 2025 (O&M) -2- Further, learned counsel for the petitioner the respondent-landlord has already filed the Execution Petition which is now pending adjudication for 18.09.2025. It is also informed that the tenant is in arrears of rent to the tune of (approximately) and in order to show his bona fides has brought a demand draft No. 580484 dated -, in favour of respondent-landlord. Photocopy of the said demand draft is taken on record. On instructions from the petitioner who is present in person in Court, learned counsel undertakes that the petitioner over the aforesaid demand draft to the respondent Executing Court on the next date of hearing i.e. 1 Heard. Keeping in mind the entirety of the facts and circumstances of the case and the aforesaid undertaking given by learned counsel for the tenant, the present petition is Notice of Motion to the respondent-landlord as that will only further delay the matter; and the petitioner-tenant is hereby directed to vacate the demised premises/shop in 06 months from today and will hand over physical, peaceful and vacant possession of the demised premises/sho the respondent-landlord on or before 10.03.2026; and will deposit all the arrears of rent, if any, before the learned Executing Court on the next date of hearing i.e. 18.09.2025. The petitioner will also furnish an undertaking along with one surety bond before the learned Executing Court on or before Further, learned counsel for the petitioner-tenant submits that already filed the Execution Petition which is now pending adjudication for 18.09.2025. It is also informed that the tenant is in arrears of rent to the tune of ₹1,44,000/- bona fides, the petitioner tenant has brought a demand draft No. 580484 dated 28.08.2025 amounting to landlord. Photocopy of the said On instructions from the petitioner who is present in person the petitioner-tenant shall hand over the aforesaid demand draft to the respondent-landlord before the Executing Court on the next date of hearing i.e. 18.09.2025. Keeping in mind the entirety of the facts and circumstances of the case and the aforesaid undertaking given by learned counsel for the tenant, the present petition is disposed of without issuing landlord as that will only further delay tenant is hereby directed to vacate the demised premises/shop in 06 months from today and will hand over physical, peaceful and vacant possession of the demised premises/shop to landlord on or before 10.03.2026; and will deposit all the arrears of rent, if any, before the learned Executing Court on the next date will also furnish an undertaking along with one surety bond before the learned Executing Court on or before tenant submits that already filed the Execution Petition which is now pending adjudication for 18.09.2025. It is also informed that the petitioner tenant amounting to landlord. Photocopy of the said On instructions from the petitioner who is present in person tenant shall hand landlord before the Keeping in mind the entirety of the facts and circumstances of the case and the aforesaid undertaking given by learned counsel for the without issuing landlord as that will only further delay tenant is hereby directed to vacate the demised premises/shop in 06 months from today and will hand over p to landlord on or before 10.03.2026; and will deposit all the arrears of rent, if any, before the learned Executing Court on the next date will also furnish an undertaking along with one surety bond before the learned Executing Court on or before RISHU KATARIA 2025.09.11 20:20 I attest to the accuracy and authenticity of this order/judgment. CR-1175-2025 (O&M) 18.09.2025, that he will handover the vacant possession of the demised premises/shop to the respondent 8. 9. Executing Court, concerned by FAX, through the learned District and Sessions Judge, Ludhiana. 11.09.2025 rishu 2025 (O&M) -3- 18.09.2025, that he will handover the vacant possession of the demised premises/shop to the respondent-landlord, as undertaken above by him. Pending application(s), if any, shall also stand disposed of. Registry is directed to send a copy of this order to the learned Executing Court, concerned by FAX, through the learned District and Sessions Judge, Ludhiana. .09.2025 Whether speaking/reasoned Whether Reportable 18.09.2025, that he will handover the vacant possession of the demised landlord, as undertaken above by him. ding application(s), if any, shall also stand disposed of. Registry is directed to send a copy of this order to the learned Executing Court, concerned by FAX, through the learned District and ( NIDHI GUPTA ) JUDGE Whether speaking/reasoned Yes/No Yes/No 18.09.2025, that he will handover the vacant possession of the demised Registry is directed to send a copy of this order to the learned Executing Court, concerned by FAX, through the learned District and RISHU KATARIA 2025.09.11 20:20 I attest to the accuracy and authenticity of this order/judgment.