Anita & Ors. v. Mahender Kumar

1. The Respondent is physically present in the Court today.

2. Learned Counsel for the Petitioners, on instructions from the Petitioners, submits that the Petitioners need additional time upto 31.12.2025 to vacate the tenanted premises.

3. Learned Counsel for the Respondent, on instructions from the Respondent, submits that the Respondent is agreeable to allow time up to 31.12.2025, subject to the Petitioners continuing to pay user and occupation charges in the sum of Rs. 3,500/- per month, till the vacation of the subject premises to the Respondent.

4. Learned Counsel for the Petitioners submit that this is acceptable to the Petitioners.

5. In view thereof, let an Undertaking by way of an Affidavit be filed by the Petitioners, within a period of three weeks undertaking that:

(i) The Petitioners shall hand over the vacant physical possession of the premises i.e., property bearing No.119, ground floor, Ward No.6, situated at Gali Kandle Kasan Fatehpuri, Delhi-1100006 as shown in red colour in the site plan annexed with the Eviction Petition [hereinafter referred to as “subject premises”];

(ii) The vacant, physical and peaceful possession of the subject premises will be handed over by the Petitioners to the Respondent on or before 31.12.2025;

(iii) The user and occupation charges shall continue to be paid by the

Petitioners in the sum of Rs. 3,500/- per month till the date of handing over of the vacant, physical and peaceful possession on or before 7th day of each calendar month;

(iv) The Petitioners undertake and confirm that the entire subject premises is under his occupation and control;

(v) The Petitioners will pay all the utility bills such as electricity and water and any other dues, for the subject premises till the date of handing over of the vacant, physical and peaceful possession thereof;

(vi) The Petitioners undertake that they will not create any third-party rights or part with possession of the subject premises and that they shall not damage the subject premises in any manner whatsoever prior to its vacation;

(vii) The Petitioners shall remain bound by the Undertaking.

6. An advance copy of the Undertaking shall be served on the Respondent.

7. All payments shall be made into the bank account of the Respondent. The details of the bank account shall be provided by the learned Counsel for the Respondent to the learned Counsel for the Petitioners on his email address within two days.