Delhi High Court - Orders
Sh. Ashok Kumar Sanoria vs Sh. Gurpreet Singh Arora on 3 May, 2023
$~42
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RC.REV. 82/2023 & CM Appl.12717/2023
SH. ASHOK KUMAR SANORIA ..... Petitioner
Through: Mr R.K. Rawat, Adv. with Petitioner
in person.
versus
SH. GURPREET SINGH ARORA ..... Respondent
Through: Mr Shiv Charan Garg, Mr Sandeep
Jindal, Mr Imran Khan, Mr Yogendra
Kumar & Ms Jhanvi Garg, Advs.
CORAM:
HON'BLE MS. JUSTICE TARA VITASTA GANJU
ORDER
% 03.05.2023 [Physical Hearing/Hybrid Hearing (as per request)] CAV 136/2023
1. Since the counsel for the Respondent has already entered appearance, the Caveat stands discharged.
RC.REV. 82/2023 & CM Appl.12717/2023[Application filed on behalf of the Petitioner seeking Interim Relief]
2. The present revision petition has been filed by the Petitioner, tenants, assailing the order dated 11.01.2023 passed by the learned Senior Civil Judge-cum-Rent Controller (Central), Tis Hazari Courts, Delhi in RC/ARC No.142/2013 [New Number M/SCJ/59848/16)] [hereinafter referred to as "Eviction Order"], whereby the leave to defend application filed by the Petitioner/tenants was dismissed and an Eviction Order was passed in favour of the Respondent/landlord.
RC.REV. 82/2023 page 1 of 4 Signature Not Verified Digitally Signed By:YASHPAL GROVER Signing Date:07.05.2023 22:05:50
3. After some arguments, learned Counsel for the Petitioner submits that in view of the fact that they would like to seek extension of time to vacate the premises, they do not wish to pursue the present Revision Petition. It is further submitted that the extension of time be granted subject to the payment of user charges of Rs.100/- per month, which shall be continued to be paid until the vacation of the tenanted premises.
4. After due consideration of the aforesaid proposal, learned Counsel for Respondent has on instructions submitted that this proposal is acceptable provided Petitioners undertake to vacate by 31.03.2024.
5. The learned Counsel for the Respondent shall communicate to the learned Counsel for the Petitioner the details of the bank account of the Respondent in which the user charges are to be deposited/remitted by the Petitioner within two days.
6. Let an Affidavit/Undertaking be filed by the Petitioner within a period of two weeks undertaking that:
(i) The vacant, physical and peaceful possession of the tenanted premises will be handed over by the Petitioner to the Respondent on or before 31.03.2024;
(ii) The Petitioner will pay use and occupation charges at the rate of Rs. 100 per month, with effect from May, 2023 till the date on which the vacant, physical and peaceful possession of the tenanted premises is handed over;
(iii) The user charges shall be paid in the Respondent's bank account by NEFT/RTGS directly before the seventh day of every month till 31.03.2024;
RC.REV. 82/2023 page 2 of 4 Signature Not Verified Digitally Signed By:YASHPAL GROVER Signing Date:07.05.2023 22:05:50 (iv) The Petitioner will pay use and occupation charges for the
current month of May, 2023 on or before 08.05.2023;
(v) The Petitioner will pay all the utility bills such as electricity and water and any other dues, for the tenanted premises till the date of handing over of the vacant, physical and peaceful possession thereof;
(vi) The Petitioner undertakes and confirms that the entire tenanted premises are under their occupation and control;
(vii) The Petitioner undertakes that it will not create any third party rights or part with possession of the tenanted premises and they shall not damage the tenanted premises in any manner whatsoever prior to its vacation;
(viii) The Petitioner shall remain bound by the aforesaid Undertaking.
6.1 An advance copy of the Undertaking shall be served on the Respondent.
7. Subject to the Petitioner filing the aforesaid Undertaking before this Court, within two weeks from today, the execution of the Eviction Order shall remain stayed.
8. In the event that the Petitioner defaults in complying with the terms of the Undertaking filed, the Respondent will be at liberty to revive the execution proceedings for recovery of possession and take appropriate steps to recover user charges from the Respondent at market rate for the period from the date of the Eviction Order.
9. With the aforesaid directions the present Revision Petition and all the pending Applications are disposed of.
RC.REV. 82/2023 page 3 of 4 Signature Not Verified Digitally Signed By:YASHPAL GROVER Signing Date:07.05.2023 22:05:50
10. List the matter for compliance on 31.05.2023.
11. Parties will act based on digitally signed copy of the order.
TARA VITASTA GANJU, J
MAY 3, 2023/r Click here to check corrigendum, if any
RC.REV. 82/2023 page 4 of 4
Signature Not Verified
Digitally Signed
By:YASHPAL GROVER
Signing Date:07.05.2023
22:05:50