KAMLESH CHAUHAN AND ORS vs SANJEEV AGGARWAL

2023-12-07 Information

$~34
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: 07.12.2023
+ RC.REV. 320/2023 and CM No.59040/2023 and 61821/2023
KAMLESH CHAUHAN AND ORS ….. Petitioners
Through: Mr. Anish Roy, Mr. Dileep Rajpurohit and Mr. Girish Agarwal, Advocates with Petitioner No.2 in person

versus

SANJEEV AGGARWAL ….. Respondent
Through: Mr. D.K. Singh, Mr. Sanjeev Upadhyay and Mr. Virender Yadav, Advocates with Respondent in person
CORAM:
HON’BLE MS. JUSTICE TARA VITASTA GANJU
[Physical Hearing/Hybrid Hearing]

TARA VITASTA GANJU, J.: (ORAL)
1. The present Petition has been filed by the Petitioners/tenants impugning the order dated 29.04.2023 [hereinafter referred to as Impugned Order] passed by the learned SCJ-cum-RC, Karkardooma Courts, Delhi with respect to the premises i.e., property no.2/69, Yudhister Gali, 60 ft. road, Vishwas Nagar, Shahdara, Delhi-32 [hereinafter referred to as the demised premises], wherein the Leave to Defend/Contest Application of the Petitioner was dismissed.
2. Learned Counsel for the Petitioners/tenants submits on instructions that the Petitioners/tenants would be satisfied if additional time up to 07.06.2024 is granted to the Petitioners/tenants to vacate the demised premises.
3. Learned Counsel for the Petitioners/tenants further submits that during this interregnum period, the Petitioners/tenants will make payment of use and occupation charges in the sum of Rs.10,000/- per month to the Respondent/landlord.
4. Learned Counsel for the Respondent/landlord, on instructions, from the Respondent/landlord confirms that this is acceptable to the Respondent/landlord.
4.1 However, he submits that arrears of rental for the period from January 2021 onwards have not been paid. It is further contended that in view of the fact that the Petitioners/tenants are vacating the premises on 07.06.2024, the Respondent/landlord is agreeable to accept a lumpsum charge of Rs.20,000/- in lieu of arrears of rental.
4.2 Subject to payment of the aforegoing amount, learned Counsel for the Respondent/landlord further submits that the Respondent agrees to waive all other claims for user and occupation of the demised premises.
5. In view of the aforegoing, the Petitioner/tenant shall within two weeks file an Affidavit of Undertaking that:
(i) The Petitioners/tenants shall hand over the physical possession of the demised Premises, on or before 07.06.2024;
(ii) From 01.11.2023 onwards, the Petitioners/tenants shall pay the use and occupation charges to the Respondent/landlord in the sum of Rs.10,000/- per month till the vacation of the demised Premises;
(iii) The use and occupation charges from 01.11.2023 onwards, shall be paid by the Petitioners/tenants on or before 7th day of each calendar month;
(iv). The Petitioners/tenants shall pay the lumpsum amount of Rs.20,000/- towards arrears in two equal instalments, to be paid on 31.01.2024 and 30.04.2024 respectively;
(iv) The Petitioner/tenant undertakes and confirms that the entire demised Premises is under his occupation and control;
(v) 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;
(vi) 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;
(vii) 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. All payments shall be made into the bank account of the Respondent/landlord. The details of the bank account shall be provided by the learned Counsel for the Respondent/landlord to the learned Counsel for the Petitioner/tenant on his email address within one week.
8. Subject to the Petitioner/tenant filing the aforesaid Undertaking before this Court within one week from today, execution of order dated 29.04.2023 shall remain stayed.
9. 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.
10. The Petition is accordingly disposed of. All pending applications shall stand closed.
11. List for compliance on 08.01.2024.
12. Parties shall act based on the digitally signed copy of the order.

TARA VITASTA GANJU, J
DECEMBER 07, 2023/yg
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RC.REV. 320/2023 Page 1 of 4