Amit Arora v. Tarun Sethi

1. As per Mediation Report, the matter remained “non-starter”.

2. However, during the process of hearing final arguments today, the parties were given proposals have, eventually, reached amicable settlement.

3. The appellant, who is present in Court in person, is ready to vacate the suit property. He submits that keys of the part-premises had been handed over to the landlord before the learned Trial Court and that on or before 31.10.2025, he would not only hand over the possession of the remaining tenanted premises by handing over the keys before the learned Trial Court but also clear the unpaid arrears, calculated @ Rs.14,000/- per month by said date.

4. According to learned counsel for the respondent, the unpaid arrears calculated @ Rs. 14,000/- per month would be for a period of 17 months i.e. from November, 2023 till December, 2024 (14 months), June, 2025 (1 FAO 368/2024 2 month) and for the months of September, 2025 and October,2025 (further period of 2 months within which the appellant has agreed to vacate the property in question). He, however, submits that if for any month falling within the abovesaid duration, tenant is able to show documentary proof of payment, requisite set off would be given.

5. In view of the above, the present appeal is disposed of in terms of the abovesaid settlement.

6. Both the parties are directed to remain bound by their respective statements.

7. To reiterate and recapitulate, in terms of the settlement, the appellant would hand over the possession of the suit property on or before 31.10.2025, and would also clear, by then, the arrears @ Rs. 14,000/- per month.

8. The security amount of Rs.44,000/- would be liable to be adjusted or returned, provided the appellant clears all the arrears with respect to electricity, water etc.

9. In view of the abovesaid settlement between the parties, respondent/decree holder shall not pursue with his Execution Petition for a period of two months from today and would not take any further precipitative step in such Execution Petition.

10. Both the parties are directed to appear before the learned Trial Court on 23.08.2025 for making requisite statements and apprising about the arrears. The keys of the tenanted premises and the unpaid arrears, as per decision and direction of learned Trial Court, shall be cleared by appellant on or before 31.10.2025.

11. Suit and Execution be also, thereafter, disposed of in terms of settlement. FAO 368/2024 3

12. The present appeal is disposed of in aforesaid terms.

13. Pending application also stands disposed of.

JUDGE AUGUST 14, 2025/ss/js