S K KAPOOR vs SURINDER SOOD & ANR

$~22
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: 08.12.2023
+ RC.REV. 197/2019 and CM Nos.14927/2019 and 40229/2019
S K KAPOOR ….. Petitioner
Through: Ms. Neha Kapoor and Mr. Kaushal Mehta, Advocates

versus

SURINDER SOOD & ANR ….. Respondents
Through: Mr. Prashant Chandra, Advocate
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 Petitioner/tenant impugning the order dated 19.12.2018 [hereinafter referred to as “Impugned Order”] passed by the learned SCJ-cum-RC (Central), Tis Hazari Courts, Delhi with respect to the premises i.e., one room on the first floor in the middle portion of the property bearing no.16-A/1, W.E.A. Karol Bagh, new Delhi alongwith common bathroom and latrine [hereinafter referred to as the ‘demised premises’], wherein the Leave to Defend/Contest Application of the Petitioner was dismissed.
2. Learned Counsel for the Petitioner/tenant submits that the payment of arrears of rental at the rate of Rs.600/- per month has been deposited with the Trial Court since the year 2012. Learned Counsel further submits that this payment shall be withdrawn within three weeks and deposited with the Respondent/tenant.
3. The Petitioner/tenant shall make the payment of the arrears of rent as deposited in the Trial Court to the Respondent/landlord on or before 25.12.2023.
4. Learned Counsel for the Petitioner/tenant on instructions submits that the Petitioner/tenant would be satisfied if additional time up to 31.03.2024 is granted to the Petitioner/tenant to vacate the demised premises.
5. Learned Counsel for the Petitioner/tenant further submits that during this interregnum period, the Petitioner/tenant will make the lump sum payment of use and occupation charges in the sum of Rs.30,000/- to the Respondent/landlord in two equal instalments, to be paid on 15.01.2024 and 30.03.2024 respectively.
6. Learned Counsel for the Respondent/landlord, on instructions, from the Respondent/landlord confirms that this is acceptable to the Respondent/landlord and subject to its deposit, all claims of user charges are waived by the landlord.
7. In view of the aforegoing, the Petitioner/tenant shall within one week file an Affidavit of Undertaking that:
(i) The Petitioners/tenants shall hand over the physical possession of the demised Premises, on or before 31.03.2024;
(ii) the Petitioner/tenant will make the payment of lumpsum use and occupation charges in the sum of Rs.30,000/- to the Respondent/landlord in two equal instalments, to be paid on 15.01.2024 and 30.03.2024 respectively;
(iii) The Petitioner/tenant undertakes and confirms that the entire demised Premises is under his occupation and control;
(iv) 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;
(v) 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;
(vi) The Petitioner/tenant shall remain bound by the aforesaid Undertaking.
8. An advance copy of the Undertaking shall be served on the Respondent/landlord.
9. 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.
10. Subject to the Petitioner/tenant filing the aforesaid Undertaking before this Court within one week from today, execution of order dated 19.12.2018 shall remain stayed.
11. 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.
12. The Petition is accordingly disposed of. All pending applications shall stand closed.
13. List for compliance on 21.12.2023.
14. Parties shall act based on the digitally signed copy of the order.

TARA VITASTA GANJU, J
DECEMBER 08, 2023/yg
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RC.REV. 197/2019 Page 2 of 4