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16.
HIGH COURT OF DELHI
RC.REV. t49/2009 and CM L4I03/2008 NASEER AHMED ..... PCtitiONCT
'Through: Mr. l.P. Mishra, Advocate with Mr. Naseer Ahmed, petitioner in person.
HIGH COURT OF DELHI
RC.REV. t49/2009 and CM L4I03/2008 NASEER AHMED ..... PCtitiONCT
'Through: Mr. l.P. Mishra, Advocate with Mr. Naseer Ahmed, petitioner in person.
VERSUS
FAHIMU DDIN .... ResPondent
Through: Mr. Sanobar Ali Qureshi, Advocate with Mr. Fahimuddin, respondent in person.
'( ,.1 .t.
.-t;
Through: Mr. Sanobar Ali Qureshi, Advocate with Mr. Fahimuddin, respondent in person.
'( ,.1 .t.
.-t;
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI O.RDER o/o 16.02.2010
Pursuant to the order dated t5.12.2009, the respondetrt is present aiongwith his counsel. Having interacted with each other, the parties agree rhat the petitioner shall remain in possession of the tenanted prenlises for an extended period of six months, i.e., w.e.f.
13.02,2010 to 12.08.2010 and cn or before the expiry of the aforesaid date, the petitioner shall hand over vacant, peaceful physical possession of the tenanted premises to the respondent, subject to furnishing an undertaking to the Court. The respondent, who is present in Court, is agreeable to the aforesaid request.
2010:DHC:11191 d Accordingly, the present petition is disposed of with the consent of the parties on the following lines:-
(i) The petitioner shall remain in possession of the tenanted premises till 12th August, 2010, and immediately thereafter, he shall hand over vacant, peaceful, physical possession thereof to the respondent.
(ii) As it is stated by the parties that there is a dispute with regard' to arrears of rent payable by the petitioner to the respondent as also the rate of rent in respect of which, the respondent has filed an appeal before the Rent Control Tribunal, the parties shall be at liberty to take their respective stands in the said appeal, and prosecute the same in accordance with law. .
(iii) Insofar as the payment for use and occupation of the tenanted premises w.e.f. 13.02.2010 onwards is concerned, the petitioner undertakes that he shall tender the rent, as mentioned in the impugned order dated t2.8.2009, to the respondent, on or
'bel'ore the 2Oth day of ,each calendar month, till vacant peaceful possession "of the tenanted premises is handed over by ,him to the respondent.
(iv) In caser the petitioner commits two consecutive defaults in making payment of the agreed monthly amount, the respondent shali be entitled to seek execution of the eviction order a.
,/ forthwith.
(v) The petitioner shall continue to clear the electricity and water bills of the tenanted premises by paying the same directly to the concerned authorities and shall furnish a 'No Dues Certificate' to the respondent at the time of handing over vacant peaceful possession of the suit Premises.
(vi) The petitioner shall not create any third party interest in the suit property during the duration of his stay.
(vii) The petitioner shall not carry out any addition or alteration in tenanted premises, while he remains in possession thereof. the t'
(viii) In case, the respondent expires before 12th August, 2010, 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 aforesaid orders in vernaculdr to their respective parties, who are present in the.Court.
The pal:ties agree to remain bound.by the 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
,[ ! of settlement, with a copy to the other side.
In case, the aforesaid undertaking is not filed by the petitioner within the stipulated time, the Registry shall place the matter before the Court immediatelY.
The petition is disposed of along with the pending application.
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Pursuant to the order dated t5.12.2009, the respondetrt is present aiongwith his counsel. Having interacted with each other, the parties agree rhat the petitioner shall remain in possession of the tenanted prenlises for an extended period of six months, i.e., w.e.f.
13.02,2010 to 12.08.2010 and cn or before the expiry of the aforesaid date, the petitioner shall hand over vacant, peaceful physical possession of the tenanted premises to the respondent, subject to furnishing an undertaking to the Court. The respondent, who is present in Court, is agreeable to the aforesaid request.
2010:DHC:11191 d Accordingly, the present petition is disposed of with the consent of the parties on the following lines:-
(i) The petitioner shall remain in possession of the tenanted premises till 12th August, 2010, and immediately thereafter, he shall hand over vacant, peaceful, physical possession thereof to the respondent.
(ii) As it is stated by the parties that there is a dispute with regard' to arrears of rent payable by the petitioner to the respondent as also the rate of rent in respect of which, the respondent has filed an appeal before the Rent Control Tribunal, the parties shall be at liberty to take their respective stands in the said appeal, and prosecute the same in accordance with law. .
(iii) Insofar as the payment for use and occupation of the tenanted premises w.e.f. 13.02.2010 onwards is concerned, the petitioner undertakes that he shall tender the rent, as mentioned in the impugned order dated t2.8.2009, to the respondent, on or
'bel'ore the 2Oth day of ,each calendar month, till vacant peaceful possession "of the tenanted premises is handed over by ,him to the respondent.
(iv) In caser the petitioner commits two consecutive defaults in making payment of the agreed monthly amount, the respondent shali be entitled to seek execution of the eviction order a.
,/ forthwith.
(v) The petitioner shall continue to clear the electricity and water bills of the tenanted premises by paying the same directly to the concerned authorities and shall furnish a 'No Dues Certificate' to the respondent at the time of handing over vacant peaceful possession of the suit Premises.
(vi) The petitioner shall not create any third party interest in the suit property during the duration of his stay.
(vii) The petitioner shall not carry out any addition or alteration in tenanted premises, while he remains in possession thereof. the t'
(viii) In case, the respondent expires before 12th August, 2010, 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 aforesaid orders in vernaculdr to their respective parties, who are present in the.Court.
The pal:ties agree to remain bound.by the 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
,[ ! of settlement, with a copy to the other side.
In case, the aforesaid undertaking is not filed by the petitioner within the stipulated time, the Registry shall place the matter before the Court immediatelY.
The petition is disposed of along with the pending application.
(N t /r Ilr-7-\.flolo { FEBRUARY 16,2010 rkb HIMA KOHLI,J ffi
-!' $darvLhPad l-!-!,/)q,\ola^^F
€o'lA^" ^cL't'tv tL
12-16 Saioah< 4 u &ttREI'! ' AeWoca-tf, ? .h;5"{''
"u- "$"-i- ^r. s:*0""ffi1_3 L1*'So"" J - L's rJ p uva,.o,,^,t- la affr... ,uLu
JUDGMENT