PUSHPA DEVI vs OMWATI

$~34
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: 04.12.2023
+ RC.REV. 253/2023 & CM APPL. 47907/2023, CM APPL. 47908/2023 and CM APPL. 47909/2023
PUSHPA DEVI ….. Petitioner
Through: Ms. Aditi Gupta, Adv. with Petitioner in-person.
versus
OMWATI ….. Respondent
Through: Mr. S. K. Bhadauria, Adv. with Respondent in-person.
CORAM:
HON’BLE MS. JUSTICE TARA VITASTA GANJU
[Physical Hearing/Hybrid Hearing (as per request)]
TARA VITASTA GANJU, J.: (ORAL)
1. Learned Counsel for the Petitioner/tenant, on instructions from the Petitioner who is present in Court today, submits that the sum of Rs.1,500/- per month as monthly rental are being paid by the Petitioner/tenant.
2. Learned Counsel for the Respondent/landlord denies the aforegoing submission and avers that neither any use and occupation charges are being paid nor the utility charges are being paid by the Petitioner/tenant as a result of which the electricity has been disconnected and water dues in the sum of Rs. 40,000/- are outstanding.
3. Learned Counsel for the Respondent/landlord, on instructions, further submits that in the event the Petitioner/tenant vacate the demised Premises at earliest, the Respondent/landlord is willing to forego the arrears of rental, use and occupation charges and payments of utility bills.

RC.REV. 253/2023 Page 1 of 3
4. Learned Counsel for the Petitioner/tenant, on instructions from the Petitioner/tenant who is present in Court today, submits that the Petitioner/tenant shall vacate the demised Premises on or before 31.03.2024.
5. In view of the aforegoing, the Petitioner/tenant shall file an Affidavit of Undertaking within a week that:
(i) The Petitioner/tenant shall hand over the physical possession of the demised Premises, on or before 31.03.2024;
(ii) The Petitioner/tenant shall continue to pay the rental in the sum of Rs.1,500/- per month till 31.03.2024 till the date of handing over of the vacant, physical and peaceful possession.
(iii) The Petitioner/tenant undertakes and confirms that the entire demised Premises is under their occupation and control;
(iv) The Petitioner/tenant undertakes that they will not create any third party right 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. The Petitioner/tenant have been explained in vernacular, the contents of this Order in open Court.
7. An advance copy of the Affidavit of Undertaking shall be served on the Respondent/landlord.
8. Subject to the Petitioner/tenant filing the aforesaid the Affidavit of Undertaking before this Court within a week from today, the execution of order dated 22.03.2023 shall remain stayed.
RC.REV. 253/2023 Page 2 of 3
9. In the event that the Petitioner/tenant defaults in complying with the terms of the Affidavit of Undertaking filed, the interim protection granted hereinabove shall automatically stand dissolved and the Respondent/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 present Revision Petition and all pending Applications are disposed of in the aforegoing terms.
11. List the matter for compliance on 17.01.2024.
12. Parties shall act based on the digitally signed copy of the order.

TARA VITASTA GANJU, J
DECEMBER 4, 2023/SA
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RC.REV. 253/2023 Page 3 of 3