LALITA vs DASRATH AND ANR
$~55
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 18.12.2023
+ RSA 186/2023 & CM APPL. 49710/2023
LALITA ….. Appellant
Through: Appellant in person
versus
DASRATH AND ANR ….. Respondent
Through: Mr. Danish Mudgal and Ms. Aakriti Garg, Advocate for R-1
Ms. Suman Chaudhary, Advocate for-2 with R-2 in person
%
CORAM:
HON’BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
J U D G M E N T
MANMEET PRITAM SINGH ARORA, J (ORAL):
1. The Appellant and Respondent No.2 are present in person.
2. The Appellant has submitted before this Court that she has identified property bearing no. A 4C/85, Janakpuri, Ground Floor, New Delhi, 110058 (tenanted premises), which is available for letting out at rent of Rs. 8,000/- per month.
3. The parties have agreed that the amount of rent of up to Rs. 6,000/- per month will be borne by Respondent No.2 herein and the additional amount of Rs. 2,000/- per month will be borne by the Appellant herein.
4. The Respondent No.2 is directed to deposit a sum of Rs. 36,000/- with the landlord of the tenanted premises as his contribution in advance for the first six (6) months i.e., January to June, 2024. The balance amount of Rs. 12,000/- for the first six (6) months will be borne by the Appellant herein.
5. The Appellant states that she will vacate the subject property on or before 31.12.2023 and shift to the tenanted premises.
6. Learned counsel for Respondent No.2 states on instructions that Respondent No.2 who gives private tuitions to students, will continue to regularly make the payment of Rs. 6,000/- per month with effect from 01.07.2024 on or before 01st day of each English calendar month to the Appellant directly towards the payment of Rent. The bank account details of the Appellant are recorded in this order as under:
Account No. 30373576407, State Bank of India, Janak Puri District Centre Branch
7. The Respondent No. 2 undertakes to this Court that if there is any default in making payment of the amount of Rs. 6,000/-; he will forfeit his right to reside in House No. 333, A-5A, Janta Flat, Janakpuri, New Delhi (suit property) and will not be permitted to reside in the suit property. It is directed that the DV Court shall pass appropriate orders including issuing directions to the local police to ensure compliance of this direction in case Respondent No. 2 defaults in making the payment of monthly rent at Rs. 6,000/-. This direction is being issued to ensure that Respondent No. 2 discharges his responsibility of providing payment of monthly rent to the Appellant as directed by the DV Court vide order dated 22.09.2023.
8. In addition, Respondent No. 1 is bound by the undertaking which already stands recorded by this Court on 21.11.2023 to the effect that in case Respondent No.2 defaults in making payment of Rs. 6,000/- towards rent, the Respondent No.1 will immediately become liable to pay Rs. 4,000/- to the Appellant. And, in case of default of Respondent No. 1 in making the payment of Rs. 4,000/- the Appellant will have right to re-occupy the suit property.
8.1. This Court directs that the statement of Respondent No.1 as recorded in order dated 21.11.2023 stands accepted by this Court. In case of any default by the Respondent No.2 herein, the DV Court will be entitled to initiate appropriate execution proceedings against Respondent No.1 for recovery of amount of Rs. 4,000/- as well as restitution of possession as recorded in this order. The terms and conditions of 21.11.2023 and this order will be executable by the DV Court in case of any default in payment of rent by Respondent No.2 herein or Respondent No.1.
8.2. The reference to DV Court is to the Court which passed the order dated 22.09.2023 being Mahila Court-05, Dwarka Courts, New Delhi.
8.3. These directions have been issued with the consent of the parties and since all parties have represented that they are willing to abide by the DV Courts interlocutory order dated 22.09.2023. The Appellant has relying upon the said assurance consented to order dated 21.11.2023 and therefore, this order will be executable by the DV Court.
8.4. The obligation of Respondent No.1 is limited to pay rent of Rs. 4,000/- (and no further) and is coterminous with the obligation of Respondent No.2. If, the DV Court sets aside the interlocutory order directing Respondent No.2 to pay rent, the obligation of Respondent No.1 shall also come to an end.
9. The Appellant, Respondent No.1 and Respondent No.2 are bound down to the statements made before this Court today.
10. With the aforesaid directions, this petition stands disposed of. Pending applications, if any, stand disposed of.
11. The digitally signed copy of this order, duly uploaded on the official website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as a certified copy of the order for the purpose of ensuring compliance. No physical copy of order shall be insisted by any authority/entity or litigant.
MANMEET PRITAM SINGH ARORA, J
DECEMBER 18, 2023/msh/aa
RSA 186/2023 Page 2 of 2