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22.
* IN THE HIGH COURT-.OF DELHI IT .\EW
DELHI
+ Rc.REV. ;;i;oro ano CMs 3470-7tl2ot0 ..... Petitioner
AMARNATHThTough:Mr.R.K.Shuk|a,Advocatewith
Mr. Amar Nath, petitioner in person'
I
22.
* IN THE HIGH COURT-.OF DELHI IT .\EW
DELHI
+ Rc.REV. ;;i;oro ano CMs 3470-7tl2ot0 ..... Petitioner
AMARNATHThTough:Mr.R.K.Shuk|a,Advocatewith
Mr. Amar Nath, petitioner in person'
I
VERSUS
""' ResPondents
PREM NATH * o*?n'ough:
Mr' B'P"Gupta' Advocate with
Ut. pt6. Nath, respondent No'1 in person'
PREM NATH * o*?n'ough:
Mr' B'P"Gupta' Advocate with
Ut. pt6. Nath, respondent No'1 in person'
CORAM:
iotrt'sLr MS. lusrlcE HIMA KoHLI
ORDER.
23 .O2.2010
Caveat No. 52 ^O1O
Counsel for the respondents enters appearance'
The caveat is discharged.
RC.REV.44l2010
The present petition is directed against an order dated
02.01.2010 passed by the learned Additional Rent Controller, dismissing the leave to defend application of the petitioner/tenant on jhu.ground that no triable.issue has been raised by the petitioner followed by an eviction orrler irr favour of the respondent/landlord with
IggarO to shop bearing No.703, Ground Floor, Kundewalan Street, Ajmeri Gate, Delhi.
Counsel for the petitioner/tenant has been heard and he 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
\
2010:DHC:11324 petitioner/tenant confines the present petition only to the relief of grant of further time to vacate the tenanted premises beyond the period of six months to which, the petitioner is entitled under Section t4(7) of the Delhi Rent Control Act. He states that the petitioner/tenant withdraws the challenge laid to the impugned order and he shall be bound by the same and shall not challenge it in future.
It is further stated that as the petitioner is running a shop from the tenanted premises, he needs some reasonable time to make alternate arrangements. H€, therefore, requests that time upto 3l't March, 2OIt be granted to the petitioner to make alternate arrangements.
Counsel for the respondents, who is present in Court alongwith his client, accepts the aforesaid request, subject to the petitioner filing the usual undertaking for handing over vacant peaceful possession of the tenanted premises to the respondent No.1 or in the event of his demise, to his legal heirs on or before the date fixed.
Accordingly, with the consent of the parties, the present petition id disposed of on the following terms:-
(i) The petitioner shall remain in possession of the tenanted premises till 31't March, 2011, and immediately thereafter, he shall hand over vacant, peaceful, physical possession thereof to the respondent No.1
(ii) Insofar as the arrears of rent are concerned, counsel for the
-\
\.j petitioner states that the rent @ Rs.20/- per month has been depositedbythepetitionerfromtheyeartgg4to2003,inthe court of learned Additional Rent controller u/s 27 of the Delhi
. Rent control Act. The respondent No.l shall be at liberty to seek withdrawal of the aforesaid amounts' upon the petitioner furnishing necessary particulars of the deposits made, within two weeks.
(iii) The petitioner shall pay the arrears of rent @ Rs'20/- per month w.e.f. the year 2OO4 till date, directly to the respondent within two weeks and continue to pay the same rent to the respondent till 31.05.2010, payable on or before the 7th day of each calendar month.
(iv) The parties agree that the petitioner shall pay the monthly rent
@ Rs.10O/- to the respondent No.1 on or before the 7th day of each calendar month w.e.f, 01.06.2010, till the vacant peaceful possession of the tenanted premises is handed over by him to the respondent No.1.
(v) The petitioner undertakes to withdraw the pending petition filed by him under Section 340 Cr.PC, and listed before the Additional
Rent Controlle r on 22nd July, 2010, within two weeks.
(vi) In case, the petitioner commits two consecutive defaults in making payment of the agrebd monthly amount, the respondent
*)
! t-'l
No.lshallbeentitledtoseekexecutionoftheimpugnedeviction order forthwith
(vii)Thepetitionersha|lcontinuetoc|earthee|ectricitybi||softhe tenantedpremisesbypayingthesamedirectlytotheconcerned authorityandshallfurnisha.NoDuesCertificate,tothe iespondentNo.latthetimeofhandingoverVacantpeaceful
Possession of the suit Premises'
(viii)Thepetitionersha||notcreateanythirdpartyinterestinthesuit property du.ring the duration of his stay' nor shall he carry out
.anyadditionora|terationinthetenantedpremises,whilehe remains in Possession thereof'
(ix) In case, respondent No. 1 expires before 31't March,2011, the petitioner shall hand over vacant peaceful possession of the suit
'premises to his legal heirs, without any demur' counsels for the parties have explained the orders passed in vernacular to their respective parties, 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 in the margin of the order sheet alongwith that of their counsels.
The petitioner shall file an undertaking to the Court within one week specifically including therein the aforesaid terms and conditions
I
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ORDER.
23 .O2.2010
Caveat No. 52 ^O1O
Counsel for the respondents enters appearance'
The caveat is discharged.
RC.REV.44l2010
The present petition is directed against an order dated
02.01.2010 passed by the learned Additional Rent Controller, dismissing the leave to defend application of the petitioner/tenant on jhu.ground that no triable.issue has been raised by the petitioner followed by an eviction orrler irr favour of the respondent/landlord with
IggarO to shop bearing No.703, Ground Floor, Kundewalan Street, Ajmeri Gate, Delhi.
Counsel for the petitioner/tenant has been heard and he 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
\
2010:DHC:11324 petitioner/tenant confines the present petition only to the relief of grant of further time to vacate the tenanted premises beyond the period of six months to which, the petitioner is entitled under Section t4(7) of the Delhi Rent Control Act. He states that the petitioner/tenant withdraws the challenge laid to the impugned order and he shall be bound by the same and shall not challenge it in future.
It is further stated that as the petitioner is running a shop from the tenanted premises, he needs some reasonable time to make alternate arrangements. H€, therefore, requests that time upto 3l't March, 2OIt be granted to the petitioner to make alternate arrangements.
Counsel for the respondents, who is present in Court alongwith his client, accepts the aforesaid request, subject to the petitioner filing the usual undertaking for handing over vacant peaceful possession of the tenanted premises to the respondent No.1 or in the event of his demise, to his legal heirs on or before the date fixed.
Accordingly, with the consent of the parties, the present petition id disposed of on the following terms:-
(i) The petitioner shall remain in possession of the tenanted premises till 31't March, 2011, and immediately thereafter, he shall hand over vacant, peaceful, physical possession thereof to the respondent No.1
(ii) Insofar as the arrears of rent are concerned, counsel for the
-\
\.j petitioner states that the rent @ Rs.20/- per month has been depositedbythepetitionerfromtheyeartgg4to2003,inthe court of learned Additional Rent controller u/s 27 of the Delhi
. Rent control Act. The respondent No.l shall be at liberty to seek withdrawal of the aforesaid amounts' upon the petitioner furnishing necessary particulars of the deposits made, within two weeks.
(iii) The petitioner shall pay the arrears of rent @ Rs'20/- per month w.e.f. the year 2OO4 till date, directly to the respondent within two weeks and continue to pay the same rent to the respondent till 31.05.2010, payable on or before the 7th day of each calendar month.
(iv) The parties agree that the petitioner shall pay the monthly rent
@ Rs.10O/- to the respondent No.1 on or before the 7th day of each calendar month w.e.f, 01.06.2010, till the vacant peaceful possession of the tenanted premises is handed over by him to the respondent No.1.
(v) The petitioner undertakes to withdraw the pending petition filed by him under Section 340 Cr.PC, and listed before the Additional
Rent Controlle r on 22nd July, 2010, within two weeks.
(vi) In case, the petitioner commits two consecutive defaults in making payment of the agrebd monthly amount, the respondent
*)
! t-'l
No.lshallbeentitledtoseekexecutionoftheimpugnedeviction order forthwith
(vii)Thepetitionersha|lcontinuetoc|earthee|ectricitybi||softhe tenantedpremisesbypayingthesamedirectlytotheconcerned authorityandshallfurnisha.NoDuesCertificate,tothe iespondentNo.latthetimeofhandingoverVacantpeaceful
Possession of the suit Premises'
(viii)Thepetitionersha||notcreateanythirdpartyinterestinthesuit property du.ring the duration of his stay' nor shall he carry out
.anyadditionora|terationinthetenantedpremises,whilehe remains in Possession thereof'
(ix) In case, respondent No. 1 expires before 31't March,2011, the petitioner shall hand over vacant peaceful possession of the suit
'premises to his legal heirs, without any demur' counsels for the parties have explained the orders passed in vernacular to their respective parties, 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 in the margin of the order sheet alongwith that of their counsels.
The petitioner shall file an undertaking to the Court within one week specifically including therein the aforesaid terms and conditions
I
I
\r
of settlement, with a copy to the other side'
In case, the aforesaid undertaking is not fited by the peiitioner within the stipulated time, the Registry shall place the matter before the Court immediatelY.
Thepetitionisdisposedofa|ongwiththependingapplications.
HIMA KOHLI,]
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In case, the aforesaid undertaking is not fited by the peiitioner within the stipulated time, the Registry shall place the matter before the Court immediatelY.
Thepetitionisdisposedofa|ongwiththependingapplications.
HIMA KOHLI,]
*J
FEBRUARY 23,ZOLO rkb n/
K-f \^
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'L2 s$,ffi{K"- bg-D Zt- &'6 gso,/\(>*lot,o
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JUDGMENT