Lalit Kumar Gupta v. Mahesh Bansal

1. Learned Counsels for the parties, on instructions submit that the parties have mutually reached a settlement in the matter, in the following terms:

(i) The Petitioner/tenant shall hand over the physical possession of the property i.e., Shop situated on the ground floor on the front side measuring 25 feet by 12 feet in Property No. 159 D, Kamla Nagar, Delhi - 110007, [hereinafter referred to as “demised Premises”] on or before 30.04.2026;

(ii) In consideration of the aforegoing, the Respondent/landlord agrees to forego monthly user charges at market rent.

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

(i) 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 30.04.2026;

(ii) The use and occupation charges from 01.12.2024 onwards till the date the premises are vacated shall be paid by the Petitioner/tenant at the rate of Rs.35,000/- per month;

(iii) The use and occupation charges from 01.12.2024 onwards till the date the premises are vacated shall be paid by the Petitioner/tenant on 7th day of each Calendar month;

(iii) The Petitioner/tenant undertakes and confirms that the entire demised

(iv) 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;

(v) 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;

(vi) The Petitioner/tenant shall remain bound by the aforesaid

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

4. 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.

5. In the event that there is any default in the payment of use and occupation charges on behalf of the Petitioner/tenant, interim protection as granted by this Court on 16.04.2019 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.

6. Accordingly, the Revision Petition and the pending application(s) are disposed of.