Full Text
HIGH COURT OF DELHI
Date of Decision: 13.11.2024
SHRI HARISH LAL .....Petitioner
Through: Mr. Tushar Sharma, Adv.
Through: Mr. Devinder Choudhary, Adv.
JUDGMENT
1. The Petitioner/tenant is physically present in Court today.
2. Learned Counsel for the Petitioner/tenant on instructions from the Petitioner/tenant submits that the Petitioner/tenant needs some additional time to vacate the tenanted premises.
3. Learned Counsel for the Respondent/landlord on instructions from the Respondent/landlord submits that the Respondent/landlord is agreeable to allow time up to 30.06.2025. Learned Counsel for the Petitioner/tenant submits that this offer is acceptable to the Petitioner/tenant.
4. In consideration of the foregoing, the Respondent/landlord agrees to forego monthly user charges, and to accept a lump sum payment of user and occupation charges in the sum of Rs. 15,000/- from the Petitioner/tenant;
5. 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 property i.e., bearing Shop no.44/2, measuring 9 feet X 18 feet, Khanpur Extension Delhi Road, Khanpur, New Delhi, [hereinafter referred to as “demised Premises”] on or before 30.06.2025;
(ii) The lump sum payment in the sum of Rs. 15,000/- shall be paid by the
(iii) The vacant, physical and peaceful possession of the demised Premises will be handed over by the Petitioner/tenant to the Respondent/landlord on or before 30.06.2025;
(iv) The Petitioner/tenant undertakes and confirms that the entire demised
(v) The Petitioner/tenant will pay all the utility bills such as electricity and water and any other dues, for the demised Premises till the date of handing over of the vacant, physical and peaceful possession thereof;
(vi) The Petitioner/tenant undertakes that they will not create any third party rights or part with possession of the demised Premises and that they shall not damage the demised Premises in any manner whatsoever prior to its vacation;
(vii) The Petitioner/tenant 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 Petitioner/tenant on his email address within one week.
8. Subject to the Petitioner/tenant filing the aforesaid Undertaking before this Court within two weeks from today, execution of order dated 30.09.2024 passed in Eviction Case No. 82/2024 [hereinafter referred to as the “Eviction Order”] shall remain stayed.
9. In the event that the Petitioner/tenant defaults in complying with the terms of the Undertaking filed, the interim protection granted hereinabove shall automatically stand dissolved and Respondent/landlord 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 Petitioner/tenant at market rate for the period from the date of the Eviction Order, in accordance with law.
9. Accordingly, the Revision Petition and the pending application(s) are disposed of.
10. List the matter for compliance on 16.12.2024.