Deepak Rathi & Anr. v. Shubham Jain

1. Petitioner No.2, who is the brother of Petitioner No.1 along with Respondent are physically present in the Court today.

2. The present Petition has been filed by the Petitioners/tenants impugning an order dated 03.02.2024 passed by Ld. CCJ-cum-ARC (Central), Tis Hazari Court, Delhi [hereinafter referred to as ‘Impugned Order’]. By the Impugned Order, the Application for Leave to Defend/contest filed by the Petitioners/tenants was dismissed. The premises in issue is property bearing No. 1266/67, First Floor and one room at Ground Floor, Vakilpura, Gali Guliyan, Daribakalan, Near Police Station Jama Masjid, Delhi-110006 [hereinafter referred to as “subject premises”].

3. After some arguments, learned Counsel for the Petitioners/tenants submits that the Petitioners/tenants will vacate the subject premises on or before 04.06.2024.

4. In lieu of the early vacation of the subject premises, the learned Counsel for the Respondent/landlord, on instructions from the Respondent/landlord, submits that the Respondent/landlord agrees to forego all claims for user charges and damages.

5. In view thereof, let an Undertaking by way of an Affidavit be filed by the Petitioners/tenants, within a period of one week undertaking that:

(i) The Petitiones/tenants shall hand over the vacant physical possession of the property bearing No. 1266/67, First Floor and one room at Ground Floor, Vakilpura, Gali Guliyan, Daribakalan, Near Police Station Jama Masjid, Delhi-110006 [hereinafter referred to as “subject premises”].

(ii) The vacant, physical and peaceful possession of the subject premises will be handed over by the Petitioners/tenants to the Respondent/landlord on or before 04.06.2025;

(iii) The Petitioners/tenants undertake and confirm that the entire subject premises is under their occupation and control;

(iv) The Petitioners/tenants 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;

(v) The Petitioners/tenants undertake that they will not create any thirdparty 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;

(vi) The Petitioners/tenants shall remain bound by the aforesaid

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

7. Subject to the Petitioner/tenant filing the aforesaid Undertaking before this Court within one week from today, execution of order dated 22.07.2024 passed in RC-ARC 501/22 captioned Shubham Jain. vs. Deepak Rathi & Anr. [hereinafter referred to as the “Eviction Order”] shall remain stayed till 04.06.2025.

8. In the event that the Petitioners/tenants default in complying with the terms of the Undertaking filed, the interim protection granted hereinabove shall automatically stand dissolved and Respondent/landlord will be at liberty to take recourse to appropriate proceedings for recovery of possession, recovery of arrears and for recovery of the full user charges/damages from the Petitioners/tenants at market rate for the period from the date of the Eviction Order, in accordance with law.

9. The Revision Petition is accordingly disposed of in the aforegoing terms. Pending Application stands closed.