Full Text
Date of Decision: 06.12.2024
66059/2024 MANMOHAN AND OTHER .....Petitioners
Through: Mr. Arvind Kumar, Advocate
Through: Ms. Sindhu & Mr. Hitender, Advocates
JUDGMENT
1. This is an Application filed on behalf of Petitioners/tenants seeking condonation of 31 days in re-filing the Petition.
2. Learned Counsel for the Respondents/landlords submit that they have no objection if the prayers in the present Application are allowed.
3. The present Application is allowed.
4. The Application is disposed of accordingly. RC.REV. 323/2024 & CM APPL. 66058/2024 [for stay]
5. Petitioner No.1 and brother of Petitioner No.2 is physically present in Court today along with the Respondents.
6. 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.
7. Learned Counsel for the Respondents/landlords on instructions from the Respondents/landlords submits that the Respondents/landlords are agreeable to allow time up to 06.06.2025, subject to payment of user and occupation charges in the sum of Rs.10,000/- per month. Learned Counsel for the Petitioners/tenants submits that this offer is acceptable to the Petitioners/tenants.
8. The Petitioners/tenants agrees to pay user and occupation charges in the sum of Rs.10,000/- per month from 15.11.2024 onwards till they vacate the tenanted premises.
9. 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 Petitioners/tenants shall hand over the physical possession of the premises i.e., a shop on the ground floor at property bearing No. 2974, Gali No. 40, Beadon Pura, Karol Bagh, New Delhi-110005 [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 Respondents/landlords on or before 06.06.2025;
(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.10,000/- per month, on or before 7th day of each calendar month.
(iv) The use and occupation charges for the period from 15.11.2024 to
(v) The Petitioners/tenants undertakes and confirms that the entire subject premises are 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
10. An advance copy of the Undertaking shall be served on the Respondents/landlords.
11. All payments shall be made into the bank account of the Respondents/landlords. The details of the bank account shall be provided by the learned Counsel for the Respondents/landlords to the learned Counsel for the Petitioners/tenants on his email address within one week.
12. Subject to the Petitioners/tenants filing the aforesaid Undertaking before this Court within a week from today, execution of order dated 14.05.2024 passed in Eviction Case No. 30/2022 [hereinafter referred to as the “Eviction Order”] shall remain stayed till 06.06.2025.
13. In the event that the Petitioners/tenants defaults in complying with the terms of the Undertaking filed, the interim protection granted hereinabove 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 use and occupation charges from the Petitioners/tenants at market rate for the period from the date of the Eviction Order, in accordance with law.
14. Accordingly, the Revision Petition and the pending application(s) are disposed of.
15. List the matter for compliance on 18.12.2024 in the Supplementary List.