SH MATLUB ALI vs NEETA YADAV AND ORS
$~44
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: 13.12.2023
+ RC.REV. 268/2023 & CM APPL. 51007/2023
SH MATLUB ALI ….. Petitioner
Through: Mr. Harshit S. Gahlot, Adv. with Mr. Sanawar, Adv. along with son of the Petitioner.
versus
NEETA YADAV AND ORS ….. Respondents
Through: Mr. Pawanjeet Singh Bindra, Sr. Adv. with Ms. Divya Darshan Sharma, and Mr. Nahar Singh Yadav, Advs.
CORAM:
HON’BLE MS. JUSTICE TARA VITASTA GANJU
[Physical Hearing/Hybrid Hearing]
TARA VITASTA GANJU, J.: (ORAL)
1. Learned Counsel for the Petitioner/tenant, on instructions from the son of the Petitioner who is present in Court today, submits that the Petitioner/tenant is ready to pay Rs. 10,000/- per month for each shop, i.e. Shop No.9 and 10, Ground floor of property bearing No. WZ-298, Village Madipur, New Delhi 110063 [hereinafter referred to as demised Premises] as a rental/use and occupation charges.
2. Learned Counsel for the Respondent/landlord, on instructions submits that this is acceptable to the Respondent/landlord with the condition that the Petitioner/tenant shall vacate the demised Premises on or before 30.05.2024.
3. In view of the aforegoing, the Petitioner/tenant shall within two weeks file an Affidavit of Undertaking that:
(i) The arrears of rental, if any, for the period up to 30.11.2023 shall be paid by the Petitioner/tenant on or before 20.12.2023.
(ii) The Petitioner/tenant shall hand over the physical possession of the demised Premises, on or before 30.05.2024;
(iii) From 01.12.2023 onwards, the Petitioner/tenant shall pay the use and occupation charges to the Respondent/landlord in the sum of Rs. 10,000/- per month per shop till the vacation of the demised premises;
(iv) The use and occupation charges for December, 2023 shall be paid by the Petitioner/tenant on or before 20.12.2023.
(v) The use and occupation charges from 01.01.2024 onwards, shall be paid by the Petitioner/tenant on or before 7th day of each calendar month till vacant possession of the demised premises is handed over to the Respondent/landlord;
(vi) The Petitioner/tenant undertakes and confirms that the entire demised Premises are under their occupation and control;
(vii) 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;
(viii) 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;
(ix) The Petitioner/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 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 two days.
6. In lieu of the aforegoing payment, the Respondent/landlord agrees to waive of all other claims against the use and occupation charges.
7. Subject to the Petitioner/tenant filing the aforesaid Undertaking before this Court within two weeks from today, execution of order dated 09.09.2022 passed in RC ARC No. 68/2022 shall remain stayed.
8. In the event that the Petitioner/tenant 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.
9. Accordingly, the Revision Petition and the pending application(s) are closed.
10. List the matter for compliance on 09.01.2024.
11. Parties shall act based on the digitally signed copy of the order.
TARA VITASTA GANJU, J
DECEMBER 13, 2023/SA
RC.REV. 268/2023 Page 3 of 3