MOHD. SATTAR THROUGH LRS vs MOHD. ASHFAQ AND ORS.

$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: 13.12.2023
+ RC.REV. 329/2023, CM APPLs. 59967/2023, 59969-70/2023
MOHD. SATTAR THROUGH LRS ….. Petitioner
Through: Mr Vinod Malhotra and Ms Jasleen Kaur, Advocates along with LR(e) of Petitioner in person
versus

MOHD. ASHFAQ AND ORS. ….. Respondents
Through: Mr Advocate [Appearance not given] along with Respondent No. 1 in person.
CORAM:
HON’BLE MS. JUSTICE TARA VITASTA GANJU
[Physical Hearing/Hybrid Hearing]
TARA VITASTA GANJU, J.: (ORAL)
1. Both Respondent No. 1 and the LR(e) of the Petitioner are present in person in Court today.
2. Learned Counsel for the parties submit that the parties have reached an amicable settlement, whereby the Petitioners have agreed to vacate the premises on or before 30.04.2025 and to pay the Respondents/landlord user charges in the sum of Rs. 5,000/- per month from 01.11.2023 onwards.
3. In view thereof, let an Undertaking by way of an Affidavit be filed by all the Petitioners/tenant within three weeks, stating as follows:
(i) The vacant, physical and peaceful possession of the demised premises will be handed over by the Petitioners/tenant to the Respondents/landlord on or before 30.04.2025;
RC.REV. 329/2023 page 1 of 3

(ii) The use and occupation charges from 01.11.2023 to 30.04.2025 shall be paid by the Petitioners/tenant at the rate of Rs. 5,000/- per month.
(iii) The use and occupation charges at the rate of Rs. 5,000/- for November and December shall be paid by the Petitioner/tenant on or before 22.12.2023.
(iv) The use and occupation charges at the rate of Rs. 5,000/- per month from 01.01.2024 onwards till the vacant physical possession is handed over to the Respondent/landlord shall be paid by the Petitioners/tenant on or before 7th day of each calendar month;
(v) The Petitioners/tenant undertakes and confirms that the entire demised Premises are under their occupation and control;
(vi) The Petitioners/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;
(vii) The Petitioners/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;
(viii) The Petitioners/tenant shall remain bound by the aforesaid Undertaking.
4. An advance copy of the Undertaking shall be served on the Respondent/landlord.
5. All payments shall be made into the bank account of the Respondents/landlord. The details of the bank account shall be provided by the learned Counsel for the Respondents/landlord to the learned Counsel for
RC.REV. 329/2023 page 2 of 3
the Petitioners/tenant on his email address within one week.
6. Subject to the Petitioners/tenant filing the aforesaid Undertaking before this Court within three weeks from today, execution of order dated 29.04.2023 shall remain stayed.
7. In the event that the Petitioners/tenants 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.
8. The Petition is accordingly disposed of. All pending applications shall stand closed.
9. List for compliance on 17.01.2024.
10. Parties shall act based on the digitally signed copy of the order.

TARA VITASTA GANJU, J
DECEMBER 13, 2023
g.joshi
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RC.REV. 329/2023 page 3 of 3