Harsharan Kaur & Ors. v. Amarjeet Kaur

1. Learned Counsel for the Petitioners/tenants on instructions from the Petitioners/tenants submits that the Petitioners/tenants needs some additional time to vacate the tenanted premises.

2. Learned Counsel for the Respondent/landlord on instructions from the Respondent/landlord submits that the Respondent/landlord is agreeable to allow time up to 01.12.2025, subject to payment of user and occupation charges in the sum of Rs.7,000/- per month. Learned Counsel for the Petitioners/tenants submits that this offer is acceptable to the Petitioners/tenants.

3. The Petitioners/tenants agrees to pay user and occupation charges in the sum of Rs.7,000/- per month from 13.11.2024 onwards till they vacate the tenanted premises.

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

(i) The Petitioners/tenants shall hand over the physical possession of the premises i.e., one shop measuring about 4ft. X 4ft. situated on the ground floor portion of the property bearing no. 4A/64, Old Rajinder Nagar, New Delhi-110060 [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 01.12.2025;

(iii) The use and occupation charges from 01.01.2025 onwards till the date of the subject premises are vacated, shall be paid by the Petitioners/tenants at the rate of Rs.7,000/- per month, on or before 7th day of each calendar month;

(iv) The use and occupation charges for the period from 13.11.2024 to

(v) The Petitioners/tenants undertakes and confirms that the entire subject premises is under their occupation and control;

(vi) 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;

(vii) The Petitioners/tenants undertakes 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;

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

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

6. All payments shall be made into the bank account of the Respondent/landlord. The details of the bank account shall be provided by the learned Counsel for the Respondent/landlord to the learned Counsel for the Petitioners/tenants on his email address within one week.

7. Subject to the Petitioners/tenants filing the aforesaid Undertaking before this Court within three weeks from today, execution of order dated 13.05.2024 passed in RC ARC No. 457/2023 [hereinafter referred to as the “Eviction Order”] shall remain stayed till 01.12.2025.