Nami Chand Jain v. Arun Grover & Anr

1. The Petitioner is present in person today. The Respondent No.2 and Respondent Nos. 1(a) and 1(b) are also present in Court today.

2. Learned Senior Counsel for the Petitioner/tenant submits that the Petitioner/tenant need additional time to vacate the tenanted premises.

3. Learned Counsel for the Petitioner/tenant on instructions from the Petitioner/tenant submits that the Petitioner/tenant shall vacate the tenanted premises on or before 31.03.2025. Learned Counsel for the Respondents/landlords on instructions submits that this offer is acceptable. 3.[1] In lieu of the early vacation of the tenanted premises, the learned Counsel for the Respondents/landlords, on instructions, submits that the Respondents/landlords agree to forego their claims of user charges and damages etc.

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

(i) The Petitioner/tenant shall hand over the physical possession of the entire property in possession i.e., one shop bearing Shop No. 1 in property bearing No. B-9/7, Ground Floor, Ring Road, Rajouri Garden, New Delhi- 110027, more specifically shown in red colour of the site plan annexed with the Eviction Petition including the whole area which is in possession of the Petitioner/tenant which is shown in yellow colour of the site plan which is marked as Mark P-1 filed on record before the learned Trial Court. [hereinafter referred to as the “subject Premises”];

(ii) The vacant, physical and peaceful possession of the subject Premises will be handed over by the Petitioner/tenant to the Respondents/landlords on or before 31.03.2025;

(iii) The Petitioner/tenant undertakes and confirms that the entire subject

(iv) The Petitioner/tenant 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 Petitioner/tenant undertakes that he will not create any third party rights or part with possession of the subject Premises and that he shall not damage the subject Premises in any manner whatsoever prior to its vacation;

(vi) The Petitioner/tenant shall remain bound by the aforesaid

5. An advance copy of the Undertaking shall be served on the Respondents/landlords.

6. In the event that the Petitioner/tenant defaults in complying with the terms of the Undertaking filed, the interim protection granted by the Court on 08.12.2017 shall automatically stand dissolved and Respondents/landlords will be at liberty to take recourse to appropriate proceedings for recovery of possession and for recovery of the full mesne profits from the Petitioner/tenant at market rate for the period from the date of the Eviction Order, in accordance with law.

7. The Revision Petition is disposed of in the aforegoing terms. Pending Applications stand closed.

8. List the matter for compliance on 27.02.2025 in Supplementary list.