MANOHAR LAL BHATIA vs HARPAL SINGH LAMBA

$~56
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Order: 09.10.2024
+ RC.REV. 415/2019 & CM APPL. 59894/2024 and CM APPL. 59895/2024
MANOHAR LAL BHATIA …..Petitioner
Through: Mr. Ravi Kumar Mishra, Adv. with Petitioner and wife of the Petitioner in person.
versus

HARPAL SINGH LAMBA …..Respondent
Through: Mr. Digvijay Singh Jaswal, Adv. with Mr. Manik Sood along with Respondent in person.
CORAM:
HON’BLE MS. JUSTICE TARA VITASTA GANJU

TARA VITASTA GANJU, J.: (ORAL)

CM APPL. 59895/2024 [Seeking exemption]
1. Allowed, subject to the Petitioner filing legible/typed copies of Annexures within three weeks.
2. The Application is disposed of.
RC.REV. 415/2019 & CM APPL. 59894/2024 [Seeking modification of order dated 12.02.2024]
3. This is an Application filed on behalf of the Petitioner/Tenant seeking the following prayer:
“a. Modify the Hon’ble Court’s order dated 13/02/2024, passed in CM No. 42665/2023 and 31207/2019 in RC REV. No. 415/2019, only to the extent of granting an extension/enlargement of time to pay the amount to the Respondent/Landlord and continuation of the stay order until the next date of hearing, i.e., 19/11/2024, when the matter is listed for final arguments, in the interest of justice to meet the ends of justice and to prevent the miscarriage of justice.”
4. Learned Counsel for the Respondent/landlord raises a preliminary objection to the present Application. He submits that the prayer in the present Application is identical to the prayers made in CM APPL.10952/2024 which has been adjudicated upon and dismissed by the predecessor of this Court on 22.02.2024.
5. In addition, learned Counsel for the Petitioner/tenant submits that the Petitioner/tenant habitually does not comply with the orders passed by this Court from time to time. He also submits that the present Petition is pending for the last five years and this Court had by its order dated 31.10.2023 directed that the arrears of use and occupation charges as well as user charges to be paid.
6. He further submits that since these charges were not paid, the interim protection granted by the Court was vacated on 13.02.2024. Thereafter, he submits that the Petitioner/tenant as well as his family members are filing multiple Applications to delay the Revision Petition as well as the proceedings which are pending before the Executing Court.
7. Learned Counsel for the Petitioner/tenant on instructions from the Petitioner/tenant and his wife who are present in Court today submits that the Petitioner/tenant has no means to pay the arrears as well as the user charges. He further submits, on instructions, that the Petitioner/tenant shall vacate the demised premises on or before 31.12.2024.
7.1 The Court has also interacted with the wife of the Petitioner/tenant in the vernacular.
8. Learned Counsel for the Respondent/landlord on instructions submits that with a view to put a quietus to the disputes between the parties, the Respondent/landlord is willing waive of use and occupation charges which are outstanding.
9. Let an Undertaking by way of an Affidavit be filed by the Petitioner/tenant within two weeks stating that:
(i) The Petitioner/tenant shall hand over the physical possession of the property i.e. property bearing Municipal No. l0518-A, first floor, second floor and third floor situated at Bagichi Peerji Ram Bagh Road, Subzi Mandi, Delhi-110007 [hereinafter referred to as “demised Premises”] to the Respondent/landlord on or before 31.12.2024;
(ii) The Petitioner/tenant undertakes and confirms that the entire demised Premises are under their 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.
10. An advance copy of the Undertaking shall be served on the Respondent/landlord.
11. In the event that the Petitioner/tenant defaults in complying with the terms of the Undertaking filed, 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.
12. Accordingly, the Revision Petition and all pending Application(s) are disposed of.
13. List for compliance of Affidavit on date already fixed, i.e., 19.11.2024.
14. Parties shall act based on the digitally signed copy of the order.

TARA VITASTA GANJU, J
OCTOBER 9, 2024/SA

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RC.REV. 415/2019 Page 2 of 2