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Judgment
TARA VITASTA GANJU, J.: (Oral)
CM APPL. 48020/2024 [Exemption]
Allowed, subject to just exceptions.
The Application stands disposed of.
RC.REV. 222/2024 & CM APPL. 48019/2024 [for stay]
The Petitioner is present through video conferencing. Respondent No.1 is physically present in Court today. Respondent No.2 is the sister of the Petitioner.
Learned Counsel for the Petitioner/tenant on instructions from the Petitioner/tenant submits that the Petitioner/tenant needs some additional time to vacate the tenanted premises.
Learned Counsel for the Respondent No.1/landlord on instructions from the Respondent No.1/landlord submits that the Respondent No.1/landlord is agreeable to allow time up to 15.01.2025. Learned Counsel for the Petitioner/tenant submits that this offer is acceptable to the Petitioner/tenant.
In view thereof, let an Undertaking by way of an Affidavit be filed by both the Petitioner/tenant and Respondent No.2, within a period of one week undertaking that:
The Petitioner/tenant shall hand over the physical possession of the property i.e., A-40, Ground Floor, Defence Colony, New Delhi-110024, [hereinafter referred to as “subject premises”];
The vacant, physical and peaceful possession of the subject premises will be handed over by the Petitioner/tenant to the Respondent/landlord on or before 15.01.2025;
The Petitioner/tenant undertakes and confirms that the entire subject premises are under their occupation and control;
The Petitioner/tenant will pay all the utility bills such as electricity and water and any other dues, for the subject premises till the date of handing over of the vacant, physical and peaceful possession thereof;
The Petitioner/tenant undertakes that they will not create any third-party rights or part with possession of the subject premises and that they shall not damage the subject premises in any manner whatsoever prior to its vacation;
The Petitioner/tenant shall remain bound by the aforesaid Undertaking.
An advance copy of the Undertaking shall be served on the Respondent No.1/landlord.
All payments shall be made into the bank account of the Respondent No.1/landlord. The details of the bank account shall be provided by the learned Counsel for the Respondent No.1/landlord to the learned Counsel for the Petitioner/tenant on his email address within one week.
Subject to the Petitioner/tenant filing the aforesaid Undertaking before this Court within a week from today, execution of order dated 01.03.2024 passed in Eviction Case No. 15/2023 [hereinafter referred to as the “Eviction Order”] shall remain stayed till 15.01.2025.
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 Respondent No.1/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.
The Respondent No.1 is also at liberty to file appropriate proceedings for recovery of arrears of rental/user and occupation charges in accordance with law.
Accordingly, the Revision Petition and the pending application(s) are disposed of.
List the matter for compliance on 18.12.2024.
Parties shall act based on the digitally signed copy of the order.