SOHAN SINGH Vs. SHRI SURINDER NATH SARIN

JUDGEMENT

(1.) After hearing the learned counsel for the parties, I am of the view that it will meet the ends of justice if the petitioner (tenant) is allowed to continue in the house in dispute till 15th of June 1982 because the respondent (Landlord is retiring from the Haryana Government service as a Superintendent on 20th June, 1982. For the present the landlord is occupying the Government accommodation which he can retain at least till 30th of June, 1982 without paying any penal rent. I have fixed 15th of June, 1982 for vacation of the petitioner so that soon afterwards the landlord may occupy the same and report to the State Government that he has vacated the Government accommodation. It is also clear from the record that the respondent (landlord) has obtained orders of ejectment of the tenant occupying the first floor of the house in dispute. At this stage, Sohan Singh tenant, who is present in court, has given an undertaking to vacate the premises on or before the 15th of June, 1982. But he further states that in case the respondent landlord is given extension of service by the Haryana Government, then he will be entitled to occupy the house till 15 days before the expiry of the extended period of service. It is also stated by him that in case he vacates the premises and the same is not occupied by the landlord within a year of his vacation then he would be entitled to move an application to the executing Court for restitution of possession under Section 13(4) of the East Punjab Urban Rent Restriction Act, 1949. He further states that in case during the period of one year the landlord sub-lets the premises in dispute then he would be entitled to move the executing Court for restitution forthwith. Surinder Nath Sarih, landlord is present in Court. He has heard the undertaking given by the tenant as also the other two matters stated by him and he is agreeable to it. Both the parties shall sign this order in token of its acceptance.

(2.) In view of the above undertaking of the tenant and acceptance of same by the landlord, the orders of ejectment passed by the Court below, are maintained subject to the modification that the tenant would vacate the premises in dispute on or before 15th of June, 1982 voluntarily, in case the landlord is not given extention of service by the State Government by that date. In case the tenant fails to vacate the premises by 15th of June '1982, it will be open to the landlord to move this Court for contempt and for enforcement of the undertaking. In case the landlord is granted extension of service by the State government on or before 15th of June, 1982, in that case, the tenant would not be liable to vacate the premises till fifteen days before the expiry of the extended period of service and the undertaking furnished now will operate in the same manner. The law safeguards the rights of the tenants under Section 13(4) of the East punjab Urban Rent Restriction Act, 1949, for restitution, in case landlord fails to occupy the premises in dispute within one year of the vacation by the tenant and it is made clear that he will be entitled to move for the same. It is further made clear that in case the tenant vacates the premises and within one year the landlord lets it out, then in that case, it will be open to the tenant to move the executing Court for restitution.

(3.) The tenant is stated to be in arrears of rent with effect from Ist of March, 1981 at the rate of Rs. 100/- per month. The tenant undertakes to pay the arrears within on month from today. The payment be made to the counsel for the landlord in the High Court to avoid any difficulty. In future also, monthly rent along with water charges would be paid by the tenant in advice to the counsel for the landlord during the currency of the month. The payment would be without prejudice to the rights of the landlord in the order of eviction passed in his favour. The water rate payable by the tenants is 1/3rd of the total bill received. It is also stated by the landlord that the tenant has not been paying electricity bills although the matter is separate. Let those payments be also made by the tenant,but in case the payments are not made then his meter will be disconnected.