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HIGH COURT OF DELHI
Date of Decision: 12.11.2024
SMT LAXMI DEVI & ORS. .....Petitioners
Through: Mr. Amit Gupta, Adv.
No.2 in person.
Through: Mr. D.K. Sharma, Adv.
JUDGMENT
1. The Petitioner No.2 and Respondent No.2 are physically present in Court today.
2. The Petitioner No.2 is the brother of Petitioner Nos. 3 and 4 and the son of Petitioner No.1 while the Respondent No.2 is the brother of Respondent No.1.
3. 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 Petitioners/tenants shall hand over the physical possession of the property i.e., private shop bearing No.6 (Ground Floor) in the property bearing No. F-522/6, Gurudwara Road, Village Khair Pur, Kotla Mubarak Pur, New Delhi. [hereinafter referred to as “demised Premises”] on or before 30.06.2025;
(ii) In consideration of the foregoing, the Petitioners/tenants shall pay use and occupation charges/damages in the sum of Rs. 20,000/- per month to the Respondents/landlords from 08.11.2024 onwards until the demised Premises are in occupation. The Respondents/landlords agree that they will not press for use and occupation charges/damages at market rent.
4. In view thereof, let an Undertaking by way of an Affidavits be filed by the Petitioners/tenants, 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 Petitioners/tenants to the Respondents/landlords on or before 30.06.2025;
(ii) The use and occupation charges for the period from 08.11.2024 till the date the demised Premises are vacated shall be paid by the Petitioners/tenants at the rate of Rs. 20,000/- per month;
(iii) The use and occupation charges for the month of November 2024, shall be paid by the Petitioners/tenants on or before 30.11.2024.
(iv) The use and occupation charges from 01.12.2024 onwards shall be paid by the Petitioners/tenants on the 7th day of each calendar month;
(v) The Petitioners/tenants undertake and confirms that the entire demised
(vi) The Petitioners/tenants 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;
(vii) The Petitioners/tenants undertake 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;
(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 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.
7. Subject to the Petitioners/tenants filing the aforesaid Undertaking before this Court within two weeks from today, the execution of order dated 08.05.2024 passed in Eviction Case No. 3/2020 [hereinafter referred to as the “Eviction Order”] shall remain stayed.
8. In the event that the Petitioners/tenants default 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.
9. Accordingly, the Revision Petition and the pending application(s) are disposed of.
10. List the matter for compliance on 29.11.2024.
TARA VITASTA GANJU, J NOVEMBER 12, 2024