Avtar Singh and Another vs Goverdhan Lal Mehta and Others

Kanwaljit Singh Ahluwalia, J.—Goverdhan Lal Mehta along with his two sons have filed an ejectment petition u/s 13B of the East Punjab Urban Rent Restriction Act, 1949, to evict the petitioners from the demised premises, which consisted of two bedrooms, a kitchen, a bathroom and a toilet in 250 square yards house situated in Mohali.

It is not disputed that petitioner No. 1 is residing in Newzealand. Furthermore, personal necessity of the landlord has been accepted by the Rent Controller, Mohali.

Learned Counsel for the petitioners has only relied upon the communication dated 6.1.2009 (Annexure P2) to urge that in the records, maintained by the Greater Mohali Area Development Authority, Civil Revision No. 7091 of 2010 PUDA, the ownership was transferred in the name of respondents, only on 6.1.2009.

Learned Counsel for the caveators/respondents has submitted that after the death of Veeranwali, mother of respondent No. 1 Goverdhan Lal Mehta, the respondents have succeeded to the demised property. He has further submitted that the succession to the property cannot remain in abeyance. Thus, the respondents/landlord became owner of the property in the year 2002. Therefore, the petition was filed after a period of seven years.

At this stage, learned Counsel for the petitioners submits that in case nine months'' time is granted to the petitioners to make an alternative arrangement and to handover actual physical vacant possession of the demised premises to the respondents, he will not press the present petition.

Learned Counsel for the caveators/respondents has submitted that request made by learned Counsel for the petitioner may be accepted subject to their filing an undertaking before the Rent Controller that they shall handover actual physical vacant possession of the demised premises to the respondents, after nine months.

In view of the submissions made by learned Counsel for the parties, the present revision petition is dismissed as not pressed. However, as agreed, the petitioners are granted nine months'' time, commencing from 1.12.2010, to make an alternative arrangement subject to their furnishing an undertaking on or before 1.12.2010 to the Court of Rent Controller, Mohali, that they shall handover actual physical vacant possession of the demised premises to the respondents/landlord after the expiry of a period of nine months. The undertaking will also state that the rent due for following months shall be paid on or before 7th of each month. The entire arrears of rent, if any, shall be deposited in the Court of Rent Controller, Mohali, by 1.12.2010.