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2011 Supreme(P&H) 898

RAKESH KUMAR JAIN
Surinder Kumar – Appellant
Versus
Leela Devi – Respondent


Advocates:
For the Petitioners:Mr. Pawan Sharma, Advocate.
For the Respondent:Mr. Vishal Garg, Advocate.

JUDGMENT

Mr. Rakesh Kumar Jain, J.:- The questions of law involved in this revision petition are as under:-

a) whether in a case of an unanticipated holiday, the Presiding Officer of a Court is obliged to fix a fresh date for proper orders on the next working day in terms of Rule 4 of Chapter 1, Part K, Volume 1 of the Rules & Orders of Punjab & Haryana High Court or can pass an effective order on the next working day?

b) whether if the holiday is not unanticipated, but the case is adjourned by the Presiding Officer to a Sunday or a declared holiday, is he required to fix a date for proper orders by taking up the case on the next working day?

2. The brief facts of the case are that the landlady filed a petition seeking eviction of her tenants from the demised premises bearing Shop No.1094, Morigate, Manimajra, U.T. Chandigarh, which was allegedly rented out to them by way of a lease deed dated 03.12.2004 @ Rs.4,000/- per month w.e.f. 01.12.2004 to 30.11.2005, @ Rs.4,200/- per month w.e.f. 01.12.2005 to 30.11.2006, @ Rs.4,410/- per month w.e.f. 01.12.2006 to 30.11.2007 and @ Rs.4,630/- per month w.e.f. 01.12.2007 to 30.11.2008. The ejectment was sought on the ground of non-payment o




















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