S HARCHARAN SINGH v. NARESH KUMAR BHARDWAJ

1. This is an Application filed on behalf of Petitioner/tenant along with the Revision Petition.

2. The Registry is directed to register and number the present Application.

3. The only ground in the Application is to bring on record the site plan which is annexed as Annexure P-7.

4. Learned Counsel for the Respondent/landlord have examined the site plan and submits that this is the site plan which has been place on record by the Respondent/landlord was also filed before the learned Trial Court and thus they have no objection if the prayers in the present Application is allowed.

5. The present Application is accordingly allowed.

6. After some arguments, learned Counsel for the Petitioner/tenant, on instructions from the Petitioner/tenant who is also physically present in the Court, requests for some additional time to vacate the subject premises.

7. Learned Counsel for the Respondent/landlord, on instructions from the Respondent/landlord, submits that the Respondent/landlord is agreeable to grant an additional time of one year i.e. upto 10.01.2026 to vacate the subject premises, subject to payment of user charges to a sum of Rs. 8,000/per month by the Petitioner/tenant.

8. Learned Counsel for the Petitioner/tenant submits that the Petitioner/tenant is willing to pay user charges amounting to Rs.8,000/- per month to Respondent/landlord.

9. 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 their claims to user charges and damages etc.

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

(i) The Petitioner/tenant shall hand over the vacant physical possession of the premises i.e., shop on ground floor of property No. 3511/6, Pyare Lal Road, Karol Bagh, Opposite Hotel D. Gold, New Delhi-110005, more clearly shown in red colour in the site plan attached 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 Petitioner/tenant to the Respondent/landlord on or before 10.01.2026;

(iii) The use and occupation charges shall be paid by the Petitioner/tenant at the rate of Rs.8,000/- per month on or before 7th day of each calendar month;

(iv) The Petitioner/tenant undertakes and confirms that the entire subject premises is under his occupation and control;

(v) 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;