High CourtsSingle Bench(2011) 09 SHI CK 0069

Shri Vishwa Nath Pathak vs Sh. Ashok Kumar and Others

High Court Of Himachal Pradesh · Decided on 2 September 2011

HON’BLE JUDGES
Rajiv Sharma, J
CASE NUMBER
C.R. No. 98 of 2011

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Judgment

3 paragraphs · 175 words

Rajiv Sharma, J.—With the consent of parties, the revision petition is disposed of on the following terms:

Though the orders passed by both the authorities are upheld/sustained, however, it is directed that only on the plans being sanctioned by the competent authority, the order of eviction shall be available for execution. The sanction or approved plans shall be produced before the executing court, whereupon the executing court shall allow a reasonable time to the tenant for vacating the property and delivering possession to the landlord. Till then, the tenant shall remain liable to pay charges for use and occupation of the premises at the same rate at which they are being paid earlier. Subject to these modifications, the orders passed by both the authorities below are maintained.

2.

It is made clear that the present lis is disposed of in view of the definitive/authoritative law laid down by their Lordships of the Hon''ble Supreme Court in Harrington House School Vs. S.M. Ispahani and Another, The pending application(s), if any, also stands disposed of. No costs.