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2025 DAILYLAW 55415 (PNJ)

TEJ PAL ALIAS KHANNA v. RAMESHWER DAYAL

CR/2856/2025 · 2025-07-04

Vikas Bahl

body2025

Judgment text

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CM-11549-CII-2025 in/and -1- CR-2856-2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (112) CM-11549-CII-2025 in/and CR-2856-2025 (O&M) Date of decision: - 04.07.2025 Tej Pal @ Khanna ....Petitioner Versus Rameshwar Dayal .....Respondent CORAM : HON'BLE MR. JUSTICE VIKAS BAHL Present:- Mr. S.P. Yadav, Advocate, for the applicant-petitioner. **** VIKAS BAHL, J. (ORAL) CM-11549-CII-2025 1. This is an application under Order 9 Rule 9 read with Section 151 CPC for recalling the order dated 26.05.2025 vide which the main revision petition had been dismissed for non-prosecution. 2. For the reasons mentioned in the application, which is duly supported by an affidavit, the same is allowed. The order dated 26.05.2025 is recalled and the main revision petition is restored to its original number. CR-2856-2025 (O&M) 1. Challenge in the present revision petition is to the judgment dated 02.09.2019 passed by the Rent Controller, Narnaul, vide which the NARESH KUMAR 2025.07.04 15:10 I attest to the accuracy and integrity of this document/judgement CM-11549-CII-2025 in/and -2- CR-2856-2025 (O&M) petition filed by the respondent-landlord under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 for ejectment of the petitioner-tenant, has been allowed. Challenge has also been made to the judgment dated 17.03.2025 passed by the Appellate Authority, Narnaul, vide which the appeal filed by the present petitioner has been dismissed. 2. Learned counsel for the petitioner, after arguing for some time and seeing that this Court is not inclined to interfere in the matter, on instructions from his client, has submitted that the petitioner be permitted to withdraw the present revision petition but has sought time to vacate the premises and to shift to another premises. It has been stated that the petitioner is a tenant in the premises for the last more than 40 years. 3. In view of the limited prayer made by learned counsel for the petitioner, the petitioner is permitted to withdraw the present revision petition with the following observations/directions:- (i) The petitioner would be permitted to occupy the premises till 04.01.2026, subject to the conditions mentioned hereinafter and would vacate the premises and hand over the keys of the premises to the respondent on or before 04.01.2026. (ii) The petitioner would pay an amount of Rs.3,000/- per month from the month of July, 2025 up to the period the petitioner stays in occupation, on or before 22nd of every month. (iii) The petitioner would pay the arrears of rent, if any, within a period of two months from today. (iv) The petitioner would file an undertaking on the said three aspects before the Executing Court within a period of three weeks from today with an advance copy to counsel for the landlord in the Executing Court. NARESH KUMAR 2025.07.04 15:10 I attest to the accuracy and integrity of this document/judgement CM-11549-CII-2025 in/and -3- CR-2856-2025 (O&M) 4. It is made clear that in case the petitioner does not submit the said undertaking or does not comply with any of the abovesaid conditions then it would be open to the landlord to seek immediate possession of the premises in question from the petitioner by applying for police help in addition to taking recourse to other proceedings including the Contempt of Courts Act. 5. In view of what has been observed above, the present revision petition is disposed of. ( VIKAS BAHL ) July 04, 2025 JUDGE naresh.k Whether reasoned/speaking? Yes/No Whether reportable? Yes/No NARESH KUMAR 2025.07.04 15:10 I attest to the accuracy and integrity of this document/judgement