Smt Nirmal & Anr. v. Shri Roshan Lal Gupta

1. The Petitioners are physically present in Court today.

2. Learned Counsel for the parties, on instructions from the parties, submit that the parties have amicably resolved their disputes inter se.

3. Learned Counsel for the parties submit that the Petitioners/tenants shall vacate the tenanted premises on or before 31.12.2025, and during the interregnum period, from 30.01.2025 onwards, the Petitioners/tenants shall pay user and occupation charges in the sum of Rs.10,000/- per month till they vacate the tenanted premises.

4. In view of the aforegoing, learned Counsel for the Respondent/landlord submits that the Respondent/landlord agrees to forego his rights to claim any additional user and occupation charges.

5. Accordingly, let an Undertaking by way of an Affidavit be filed by the Petitioners/tenants, within a period of two weeks undertaking that:

(i) The Petitioners/tenants shall hand over the physical possession of the premises i.e., a shop on the ground floor at property bearing No. 2291, Bahadurgarh Road, Med Ganj, Sadar Bazar, 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 31.12.2025;

(iii) The use and occupation charges from 30.01.2025 onwards till the date of the subject premises are vacated, shall be paid by the Petitioners/tenants at the rate of Rs.10,000/- per month, on or before 7th day of each calendar month.

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

(v) 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;

(vi) 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;

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

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

7. 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.

8. Subject to the Petitioners/tenants filing the aforesaid Undertaking before this Court within a week from today, execution of order dated 30.07.2024 passed in RC ARC No. 244/2022 [hereinafter referred to as the “Eviction Order”] shall remain stayed till 31.12.2025.