Mohd Naim Ahmed v. Mohd Imran

1. Petitioner Nos.1(i) and 1(iii) are physically present in Court today. The Respondent is also physically present in Court.

2. Learned Counsel for the Petitioner, on instructions from the Petitioners, submits that the Petitioners needs additional time upto 30.09.2025 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 30.09.2025, subject to the Petitioners paying user and occupation charges in the sum of Rs. 8,000/- 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 Petitioner.

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

(i) The Petitioners shall hand over the vacant physical possession of the premises i.e., property bearing No.2691, Baradari, Sher Afgan, Ballimaran, Delhi 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 30.09.2025;

(iii) The user and occupation charges from 01.04.2025 onwards shall be paid by the Petitioners in the sum of Rs. 8,000/- per month till the date of handing over of the vacant, physical and peaceful possession;

(iv) The payment of user and occupation charges from 01.04.2025

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

(vi) 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;

(vii) 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;

(viii) 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.