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HIGH COURT OF DELHI
RC.REV. L3/2010 & CMs No. L997-98/2010
ROSHAN LAL & ORS ..,.. petitioners
Through : Mr. Gurbaksh Singh, Advocate with VCTSUS
DHARAM RAJ TYAGI petitioner No. f irerson.
Ra";^ol*.. Respondent
Through : Mr. Ba,iender Kumar Tyagi, Adv.
RC.REV. L3/2010 & CMs No. L997-98/2010
ROSHAN LAL & ORS ..,.. petitioners
Through : Mr. Gurbaksh Singh, Advocate with VCTSUS
DHARAM RAJ TYAGI petitioner No. f irerson.
Ra";^ol*.. Respondent
Through : Mr. Ba,iender Kumar Tyagi, Adv.
CORAM: , HON'BLE MS. JUSTICE HIMA KOHLI
22.01.2010 The present petition is directed against the order dated
29.7.2009 passed by the learned Additional Rent bontroller dismissing the leave to defend application filed by the petitioners/tenants in an eviction petition preferred by the respondent/landlord under Section
1a(1Xe) read with Section 25 of the Delhi Rent Control Act.
! Counsel for the petitioners/tenants was heard at length
^r:"'{ .l't yesterday, but was unable to satisfy the Court that the impugned order is not iri accordance with law. At his request, the matter was adjourned for today. I
, Today, counsel for the petitioners/tenants confines the preseiri petition only to the relief of grant of further time till the end of this
,.;': year to vacate the tenanted premises. He submits that if notice.is
- "i : a' 2010:DHC:11213 issued limited to the aforesaid aspect, the petitiopers/tenants may be permitted to withdraw the challenge laid to the impugned order and. they shall be bound by the same and shall not challenge it in future. It is further stated that the petitioners/tenaints shall give a usual undertaking to handover vacant peaceful possession of the suit premises to the respondent/landlord or in the event of his demise, to his legal heirs, on or before the date to be fixed by the Court'
At this stage, counsel for the respondent/landlord enters appearance and accepts notice.
I
,.)
After some negotiations, both the parties agree that the petitioners/tenants shall continue to remain in the tenanted premises for a period of 11 months, which shall expire o.n 31.12.2010.
Accordingly, the present petition is disposed of with the consent of the
'parties, on the following terms : i) The petitioners/tenants shall remain in possession of tenanted premises till 31't Decem ber, 2010 and gn or.before the
't date, they shall handover vacant, peaceful physical possession of tenanted premises to the respondent/landlord. ii) parties agree that the petitioners/tenants shall pay. the tontnti' rent @ Rs.2,500/- to the respondent/landlord on or before the 7th day oi each calendar month, till the vacant peaceful possession of the suit premises is handed over to the respondent/landlord. the said the
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I iii) As there are certain arrears payable by the petitioners in respect of the rent of the tenanted premises from the rnonth of April, 2009 onwards till 31.01.2010, it is agreed by the parties that the petitioners shall clear the said arrears within one week from today by paying the same directly to the respondent.
6' iv) Parties agree that the electricity connectibn of the tenanted premises shall be restored by the respondent, subject to the petitioners clearing the arrears in respect of the electricity .hurg"r, . .. '.: which amount shall be reconciled by the parties by sitting together and
I paid by the petitioners directly to the respondent within one week from the date of the respondent intimating the said dues to the petitioner in writing. v) The petitioners shall not create any third Farty interest in the suit property during the duration of their stay.
.
,- -- -t J , vi) In case, the respondent expires before 31" December, 2010, the petitioners shall handover vacant peaceful possession of the suit
'rt premises to his legal heirs, without any demur. ' .-
The aforesaid terms and conditions of the settlement have been explained by the counsel forthe petitioners to the petitioner No.1, who is present in the Court. In acceptance of the terms and conditions of the settlement, he has affixed his signatures in th6 margin of the orO"i
! sheet along with that of his counsel J:
The petitioners shall file undertakings 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 undertakings are not filed by the petitioners within the stipulated time, the Registry shall place the matter before the Court. , The revision petition is disposed of along with the pending applications.
A copy of this order be given dasti to the counsels for parules. , HIMA KOHLI;J
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29.7.2009 passed by the learned Additional Rent bontroller dismissing the leave to defend application filed by the petitioners/tenants in an eviction petition preferred by the respondent/landlord under Section
1a(1Xe) read with Section 25 of the Delhi Rent Control Act.
! Counsel for the petitioners/tenants was heard at length
^r:"'{ .l't yesterday, but was unable to satisfy the Court that the impugned order is not iri accordance with law. At his request, the matter was adjourned for today. I
, Today, counsel for the petitioners/tenants confines the preseiri petition only to the relief of grant of further time till the end of this
,.;': year to vacate the tenanted premises. He submits that if notice.is
- "i : a' 2010:DHC:11213 issued limited to the aforesaid aspect, the petitiopers/tenants may be permitted to withdraw the challenge laid to the impugned order and. they shall be bound by the same and shall not challenge it in future. It is further stated that the petitioners/tenaints shall give a usual undertaking to handover vacant peaceful possession of the suit premises to the respondent/landlord or in the event of his demise, to his legal heirs, on or before the date to be fixed by the Court'
At this stage, counsel for the respondent/landlord enters appearance and accepts notice.
I
,.)
After some negotiations, both the parties agree that the petitioners/tenants shall continue to remain in the tenanted premises for a period of 11 months, which shall expire o.n 31.12.2010.
Accordingly, the present petition is disposed of with the consent of the
'parties, on the following terms : i) The petitioners/tenants shall remain in possession of tenanted premises till 31't Decem ber, 2010 and gn or.before the
't date, they shall handover vacant, peaceful physical possession of tenanted premises to the respondent/landlord. ii) parties agree that the petitioners/tenants shall pay. the tontnti' rent @ Rs.2,500/- to the respondent/landlord on or before the 7th day oi each calendar month, till the vacant peaceful possession of the suit premises is handed over to the respondent/landlord. the said the
J
U
I iii) As there are certain arrears payable by the petitioners in respect of the rent of the tenanted premises from the rnonth of April, 2009 onwards till 31.01.2010, it is agreed by the parties that the petitioners shall clear the said arrears within one week from today by paying the same directly to the respondent.
6' iv) Parties agree that the electricity connectibn of the tenanted premises shall be restored by the respondent, subject to the petitioners clearing the arrears in respect of the electricity .hurg"r, . .. '.: which amount shall be reconciled by the parties by sitting together and
I paid by the petitioners directly to the respondent within one week from the date of the respondent intimating the said dues to the petitioner in writing. v) The petitioners shall not create any third Farty interest in the suit property during the duration of their stay.
.
,- -- -t J , vi) In case, the respondent expires before 31" December, 2010, the petitioners shall handover vacant peaceful possession of the suit
'rt premises to his legal heirs, without any demur. ' .-
The aforesaid terms and conditions of the settlement have been explained by the counsel forthe petitioners to the petitioner No.1, who is present in the Court. In acceptance of the terms and conditions of the settlement, he has affixed his signatures in th6 margin of the orO"i
! sheet along with that of his counsel J:
The petitioners shall file undertakings 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 undertakings are not filed by the petitioners within the stipulated time, the Registry shall place the matter before the Court. , The revision petition is disposed of along with the pending applications.
A copy of this order be given dasti to the counsels for parules. , HIMA KOHLI;J
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'lV,,rl*V-.-Qt, Mv.
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JUDGMENT