Sonia Sharma v. Varinder Kaur Makkan

Hon'ble Mr. Justice Kanwaljit Singh Ahluwalia Mr.Harinder Aurora, Advocate for the petitioner. Mr. Arun Jain, Sr. Advocate with Mr. Vishal Goel, Advocate for respondent. Kanwaljit Singh Ahluwalia, J ( Oral ) After arguing for some time, parties have resolved their differences. It has been urged by Sh. Arora that Rs.2,00,000/- was given as a security at the time when petitioner was inducted as a tenant. Sh. Arun Jain has disputed this fact and stated that the Rent Controller in a separate petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 ( hereinafter referred to as Act ) is seized of this controversy and it is yet to be determined by way of evidence whether Rs.2,00,000/- were given as security to the landlady or not. It has been further stated that the authenticity and veracity of the receipt relied upon by the tenant is being examined by the Rent Controller in a proceedings under Section 13 of the Act. Sh. Arora has stated that since landlady is Non Resident Indian and if tomorrow petitioner succeeds in proceedings u/s 13 of the Act, recovery of the amount of security may not be possible. To remove this apprehension, Sh. Jain has stated that the landlady is ready and willing to deposit Rs.2,00,000/- in the shape of an FDR before the Rent Controller in proceedings pending in the ejectment petition initiated under Section 13 of the Act. At this stage, Sh. Arora on instructions from petitioner Sonia , who is present in the Court, has stated that once FDR of Rs.2,00,000/- is deposited in the Court, he will vacate the premises and hand over the physical possession to the landlady. CR No. 2715 of 2006 2 In view of the consensus formulated between the counsel for the parties, I am of the view that this Court ought not stand in the way of the consensus arrived at. Accordingly, it is ordered that petitioner shall file an undertaking in the Court of the concerned Rent Controller that she will hand over the physical vacant possession of the demised premises to the landlady within three months commencing from 15.12.2008. An undertaking to this effect shall be filed on or before 15.12.2008. The landlady shall also deposit FDR amounting to Rs.2,00,000/- on or before

15.12.2008. Sh. Arora states that in view of this arrangement noticed in this order, he does not press the present petition and the same may be dismissed as withdrawn. Ordered accordingly. Needless to say in case the undertaking is not filed, landlady shall be well within her rights to proceed according to law and conversely if the FDR is not deposited, on an application made by the petitioner, the present petition shall stand revived. The FDR shall be drawn in the name of the Rent Controller, Jalandhar who according to the decision arrived in the ejectment petition u/s 13 of the Act shall disburse the same as per rights of the claimants. Copy of the order be given Dasti on payment of usual charges. November 20, 2008 (Kanwaljit Singh Ahluwalia ) Judge