MAHESH vs RAMESH & ORS

$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: 18.12.2023
+ RC.REV. 680/2019, CM APPL. 65288/2023
MAHESH ….. Petitioner
Through: Mr Sudhir Kumar Sharma, Advocate along with Petitioner in person
versus

RAMESH & ORS ….. Respondents
Through: Mr M. Hussain, Advocate along R-1, Laxmi, wife of R-2 and R-3 in person
CORAM:
HON’BLE MS. JUSTICE TARA VITASTA GANJU
[Physical Hearing/Hybrid Hearing]
TARA VITASTA GANJU, J.: (ORAL)
CM APPL. 65288/2023[Application for affixation of use and occupation charges]
1. This is an Application filed on behalf of the Respondents/landlord seeking affixation of use and occupation charges for the premises i.e., one room with toilet/bathroom in house no. 6728, Gali No. 1, Block No. 1, Dev Nagar, Karol Bagh, New Delhi-110005 [hereinafter referred to as “demised premises”].
2. The Respondent No. 1, wife of late Respondent No. 2, and Respondent No. 3 are present in person in Court today. The Petitioner is present in person in Court as well.
3. Learned Counsel for the Petitioner/tenant, on instructions from the Petitioner/tenant submits that the Petitioner/tenant wishes to vacate the demised premises. He therefore requests for time up to 31.03.2024 to vacate the demised premises.
4. Learned Counsel for the Respondents/landlord, on instructions from the Respondents submits that in lieu of the Petitioner/tenant vacating the demised premises by 31.03.2024, the Respondents/landlord agrees to waive use and occupation charges for the demised premises.
5. In view thereof, let an Undertaking by way of an Affidavit be filed by the Petitioner/tenant within one week, stating as follows:
(i) The vacant, physical and peaceful possession of the demised premises will be handed over by the Petitioner/tenant to the Respondents/landlord on or before 31.03.2024;
(ii) The Petitioner/tenant undertakes and confirms that the entire demised Premises are under his occupation and control;
(iii) The Petitioner/tenant will pay all the utility bills such as electricity and water and any other dues, for the demised premises till the date of handing over of the vacant, physical and peaceful possession thereof;
(iv) The Petitioner/tenant undertakes that he will not create any third party rights or part with possession of the demised premises and that he shall not damage the demised premises in any manner whatsoever prior to its vacation;
(v) The Petitioners/tenant shall remain bound by the aforesaid Undertaking.
6. An advance copy of the Undertaking shall be served on the Respondents/landlord.
7. Subject to the Petitioner/tenant filing the aforesaid Undertaking before this Court within one week from today, interim protection granted by this Court on 03.12.2019 shall remain stayed.
8. In the event that the Petitioner/tenant defaults in complying with the terms of the Undertaking filed, the interim protection granted by this Court on 03.12.2019 shall automatically stand dissolved and the Respondent/landlord will be at liberty to take recourse to appropriate proceedings for recovery of possession and for recovery of the use and occupation charges from the Petitioner/tenant at market rate for the period from the date of the Eviction Order, in accordance with law.
9. The Petition is accordingly disposed of. All pending applications shall stand closed.
10. List for compliance on 08.01.2024.
11. Parties shall act based on the digitally signed copy of the order.

TARA VITASTA GANJU, J
DECEMBER 18, 2023
g.joshi
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RC.REV. 680/2019 Page 2 of 2