MOHD. SAYEED vs ANIL JAIN & ANR.

$~29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: 14.12.2023
+ RC.REV. 341/2023 and CM No.61728/2023
MOHD. SAYEED ….. Petitioner
Through: Mr. Rama Shankar and Mr. Saurabh, Advocates with Petitioner in person

versus

ANIL JAIN & ANR. ….. Respondents
Through: Mr. Rajesh Sharma, Advocate with Respondent No.1 in person

CORAM:
HON’BLE MS. JUSTICE TARA VITASTA GANJU
[Physical Hearing/Hybrid Hearing]

TARA VITASTA GANJU, J.: (ORAL)
1. The present Revision Petition has been filed by the Petitioner/tenant impugning the order dated 21.09.2023 [hereinafter referred to as “Impugned Order”] passed by the learned Additional Rent Controller, Central District, Tis Hazari Courts, Delhi with respect to the premises i.e., shop bearing no.167-D, Gali Tehbar Khan, Naya Bans, Delhi [hereinafter referred to as the ‘demised premises’], wherein the Leave to Defend/Contest Application of the Petitioner/tenant was dismissed.
2. Learned Counsel for the Petitioner/tenant has returned with instructions. Learned Counsel submits that since the Petitioner/tenant is unable to pay the user and occupation charges/mesne profits, additional time of two months be granted to the Petitioner/tenant to vacate the premises beyond the statutory period permitted by law, and that the Petitioner/tenant will vacate the demised premises by 31.05.2024.
3. Learned Counsel for the Respondents/landlord, on instructions, from the Respondents/landlord confirms that this is acceptable to the Respondents/landlord.
4. Subject to the above, learned Counsel for the Respondents/landlord submits that the Respondents/landlord agrees to waive all claims for use and occupation of the demised premises.
5. In view of the aforegoing, the Petitioner/tenant shall within one week file an Affidavit of Undertaking that:
(i) The Petitioner/tenant shall hand over the physical possession of the demised premises, on or before 31.05.2024;
(ii) The Petitioner/tenant undertakes and confirms that the entire demised premises is 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 they will not create any third party rights or part with possession of the demised premises and that they shall not damage the demised premises in any manner whatsoever prior to its vacation;
(v) The Petitioner/tenant shall remain bound by the aforesaid Undertaking.
6. An advance copy of the Undertaking shall be served on the Respondent/landlord.
7. Subject to the Petitioner/tenant filing the aforesaid Undertaking before this Court within one week from today, the execution of order dated 21.09.2023 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 hereinabove shall automatically stand dissolved and the Respondents/landlord will be at liberty to take appropriate steps as per law for recovery of possession and take appropriate steps to recover use and occupation charges from the Petitioner/tenant.
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 14, 2023/yg
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RC.REV. 341/2023 Page 1 of 4