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HIGH COURT OF DELHI
RC.REV. B4/201'O and CMs 6783-6784/2010| NARENDER KUMAR DHUNNA
DELHI..... Petitioner .tJ
Through: Ms. Anju Lal, Advocate with petitioner in person.
VCTSUS
SUMAN SHARMA & ORS ..... Respondents
Through: Mr. Manish Kohli, Advocate with. respondent No. 2, Mr. Vikas Sharma and respondent No.3, Mr. Himanshu Sharma in person.
HIGH COURT OF DELHI
RC.REV. B4/201'O and CMs 6783-6784/2010| NARENDER KUMAR DHUNNA
DELHI..... Petitioner .tJ
Through: Ms. Anju Lal, Advocate with petitioner in person.
VCTSUS
SUMAN SHARMA & ORS ..... Respondents
Through: Mr. Manish Kohli, Advocate with. respondent No. 2, Mr. Vikas Sharma and respondent No.3, Mr. Himanshu Sharma in person.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI I
L6.04.2010 The present petition is directed against an order dated
20.t0.2009 passed by the Additional Rent Contnoller, dismissing the leave to defend application filed by the petitioner/tenant in respect of a godown situated in a part of property bearing No. K-13, Naveen
Shahdara, Delhi, in reply to the eviction petition preferred by the respondents/landlords under Section 14(1)(e) 'of the Delhi Rent
Control Act. While dismissing the leave to defend application of the petitioner/tenant, the Additional Rent Controller also passed an eviction order against him in respect of the tenanted premises.
L6.04.2010 The present petition is directed against an order dated
20.t0.2009 passed by the Additional Rent Contnoller, dismissing the leave to defend application filed by the petitioner/tenant in respect of a godown situated in a part of property bearing No. K-13, Naveen
Shahdara, Delhi, in reply to the eviction petition preferred by the respondents/landlords under Section 14(1)(e) 'of the Delhi Rent
Control Act. While dismissing the leave to defend application of the petitioner/tenant, the Additional Rent Controller also passed an eviction order against him in respect of the tenanted premises.
RC.REV. 84/2070
' ,.ge 7 of4 o/o i 2010:DHC:11243 {t', Counsel for the petitioner/tenant has beep heard and she is unable to satisfy the Court that the impugned order is not in accordance with law. Detailed reasons therefor are, however, not being furnished ds, in the course of arguments, counsel for the petitioner/tenant states on instructions from his client that the petitioner confines the present petition only to .the relief of grant of further time beyond the period of six months granted by the learned
Additional Rent Controller. It is stated by the counsel for the
^ petitioner that as the godown is being ,r"d by her client for a commercial purposes, he would require at least a period of L4 months till the end of June, 201t, to vacate the tenanted premises. It is further stated that the petitioner shall give a usual undertaking to the
Court to hand over vacant, peaceful, physical possession of the tenanted premises to the respondents, upon expiry of the extended time.
Accordingly, the present revision petition isdisposed of with the consent of the parties on the following terms:
(i) The petitioner shall remain in possession of the tenanted premises till 30th June, 2Ol-!, and immediately thereafter, he shall hand over vacant, peaceful, physical piossession thereof to the respondents.
' ,.ge 7 of4 o/o i 2010:DHC:11243 {t', Counsel for the petitioner/tenant has beep heard and she is unable to satisfy the Court that the impugned order is not in accordance with law. Detailed reasons therefor are, however, not being furnished ds, in the course of arguments, counsel for the petitioner/tenant states on instructions from his client that the petitioner confines the present petition only to .the relief of grant of further time beyond the period of six months granted by the learned
Additional Rent Controller. It is stated by the counsel for the
^ petitioner that as the godown is being ,r"d by her client for a commercial purposes, he would require at least a period of L4 months till the end of June, 201t, to vacate the tenanted premises. It is further stated that the petitioner shall give a usual undertaking to the
Court to hand over vacant, peaceful, physical possession of the tenanted premises to the respondents, upon expiry of the extended time.
Accordingly, the present revision petition isdisposed of with the consent of the parties on the following terms:
(i) The petitioner shall remain in possession of the tenanted premises till 30th June, 2Ol-!, and immediately thereafter, he shall hand over vacant, peaceful, physical piossession thereof to the respondents.
RC.REV.84/2070
,al /<)V (ii) Counsel for the petitioner submits that there are no arrears
"Q rent payable to the respondents. Counsel for the respondents undertakes to verify the aforesaid position from his clients and intimate the arrears if any, to the petitiorler through counsel, within ond week from today. It is agreed that in case, there are any arrears of rent, the same shall be cleared by the petitioner within one week from the date of intimation.
(iii) The petitioner shall pay the rent @ Rs.1,00b /- per month w.e.f.
. \ 21't April , 2OLO till the date, the petitioner hands over peaceful, \J physical possession of thq tenanted premises to the respondents. The said amount shall be paid by the petitioner on or before the 7th day of each calendar month.
(iv) The petitioner shall continue to clear the electricity bills of the tenanted premises by paying the same directly to the concerned authority and shall furnish a 'No Dues, Certificate' to the respondents at the time of handing over vacant peaceful possession of the tenanted premises.
(v) The petitioner shall not create any third party interest in the tenanted property and shall not carry any drddition or alteration therein during the duration of his stay.
,.
-/\, l (vi) In case, any one of the respondents expir", O"fore 30th ,"^Y
20tt, the petitioner shall hand over vacant peaceful possession of the tenanted premises to his/her legal heirs alongwith the remaining respondents, without any demur. *
The petitioner shall file an undertaking to the Court within two week specifically including therein the aforesaid terms and conditions of settlement, with a copy to the other side. In case, the aforesaid undertaking is not filed by the petitioner within thJ stipulated time, the
Registry shall place the matter before the Court forthwith.
The aforesaid terms and conditions of the settlement have been explained by the respective counsels to their clients, who are present in the Court. The parties agree to remain bound by the aforesaid terms and conditions of the settlement and in token of their acceptance, they have affixed their signatures/thumb impression in the margin of the order sheet along with that of their counsels.
The petition is disposed of alongwith the pending applications. v
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,al /<)V (ii) Counsel for the petitioner submits that there are no arrears
"Q rent payable to the respondents. Counsel for the respondents undertakes to verify the aforesaid position from his clients and intimate the arrears if any, to the petitiorler through counsel, within ond week from today. It is agreed that in case, there are any arrears of rent, the same shall be cleared by the petitioner within one week from the date of intimation.
(iii) The petitioner shall pay the rent @ Rs.1,00b /- per month w.e.f.
. \ 21't April , 2OLO till the date, the petitioner hands over peaceful, \J physical possession of thq tenanted premises to the respondents. The said amount shall be paid by the petitioner on or before the 7th day of each calendar month.
(iv) The petitioner shall continue to clear the electricity bills of the tenanted premises by paying the same directly to the concerned authority and shall furnish a 'No Dues, Certificate' to the respondents at the time of handing over vacant peaceful possession of the tenanted premises.
(v) The petitioner shall not create any third party interest in the tenanted property and shall not carry any drddition or alteration therein during the duration of his stay.
,.
-/\, l (vi) In case, any one of the respondents expir", O"fore 30th ,"^Y
20tt, the petitioner shall hand over vacant peaceful possession of the tenanted premises to his/her legal heirs alongwith the remaining respondents, without any demur. *
The petitioner shall file an undertaking to the Court within two week specifically including therein the aforesaid terms and conditions of settlement, with a copy to the other side. In case, the aforesaid undertaking is not filed by the petitioner within thJ stipulated time, the
Registry shall place the matter before the Court forthwith.
The aforesaid terms and conditions of the settlement have been explained by the respective counsels to their clients, who are present in the Court. The parties agree to remain bound by the aforesaid terms and conditions of the settlement and in token of their acceptance, they have affixed their signatures/thumb impression in the margin of the order sheet along with that of their counsels.
The petition is disposed of alongwith the pending applications. v
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JUDGMENT