Full Text
$49-51 HIGH COURT OF DELHI
CM(M) 1140/2013 & C.M. No.16786/2013 (for stay)
SH VINOD KUMAR Petitioner
Through Mr.T.L.Garg, Adv. along with petitioner in person.
Through Mr. Sunil Maihotra, Adv. with Mr.Amit Sanduja, Adv. along with respondent in person.
Through Mr. Sunil Malhotra, Adv. with
SMT SATINDER KAUR . Respondent
Through Mr. Sunil Maihotra, Adv. with
07.11.2013 The respondent Smt.Satinder Kaur filed an eviction petition under
Section 14(1)(e) of the Delhi Rent Control Act, 1958, which is pending before the Rent Controller (West), Tis Hazari Courts, Delhi, against the petitioner Vinod Kumar in respect of the property bearing No.18/31-A, Ground Floor, East Patel Nagar, New Delhi (hereinafter referred to as the
"Tenanted Premises"), being Eviction Petition No.29/2011 (old case bearing
No.E-161/2009).
The matter is at the stage of evidence before the learned trial Court.
In the meanwhile, three applications were filed by the petitioner, which were dismissed by the Rent Controller by the three separate orders dated 6th May,
ORDER
2013. The said orders were challenged by the petitioner before the Add!. Rent Control Tribunal, who dismissed the appeals of the petitioner by virtue of orders dated 1st October, 2013 and 5th October, 2013. Against the said orders, the present three petitions under Article 227 of the Constitution of India have been filed. After some hearing on the last date, both parties sought an adjournment for the purpose of settlement. When the matter is taken up today, Mr.Malhotra, learned counsel for the respondent has referred the order dated I 91h October, 2013 wherein the statement was made by the learned counsel on behalf of the petitioner before the learned court that the petitioner would be ready to vacate the tenanted premises if five years time is granted by the respondent herein, though the respondent was agreeable to grant three years time for the said purpose. Today, both, parties made the statement to settle their disputes in the main eviction matter. Learned counsel for the petitioner, upon instructions, has made a statement that his client has no objection if the eviction order is passed against his client, provided time up to 31St December, 2018 be granted to hand over the vacant and peaceful possession of the tenanted premises to the respondent. The said suggestion is acceptable to the respondent. Separate statements of both the parties have been recorded. In view of the settlement arrived at between the parties and the statements recorded in the Court, it is directed that the prayer made in the Eviction Petition No.29/2011 (old case bearing No.E-161/2009). The eviction order is passed in favour of the respondent and against the petitioner in respect of the tenanted premises, i.e. bearing No.18/31-A, Ground Floor, East Patel Nagar, New Delhi. The petitioner is granted time up to 31st December, 2018 in view of settlement to hand over the vacant and peaceful possession of the suit property to the respondent.. During this period, the petitioner shall not sublet or create third party interest in the tenanted premises. Similarly, the respondent makes a statement not to dispose of the tenanted premises till that time. During this period, as agreed, the petitioner shall also pay the agreed rent and other charges in respect of the tenanted premises to the respondent regularly. The present three petitions filed by the petitioner shall be treated as nop withdrawn. The prayer made in the eviction petition filed before the learned trial Court is allowed and the same is disposed of, in view of the settlement arrived between the parties. No costs.
NOVEMBER 07, 2013