Partly allowed

Pritam Singh & Anr. v. Rama Sapra & Ors.

Delhi HC8 Feb 2016RFA/42/2016

Case brief

AI extract

What is this about?

An appellants in an appeal challenging an ejectment order agreed to withdraw the appeal and pay mesne profits upon receiving an undertaking to vacate by March 31, 2017. The High Court allowed the compromise and dismissed the appeal.

What did the court decide?

Appeal dismissed as withdrawn; undertakings to pay mesne profits and deliver possession by March 31, 2017 accepted; execution of decree stayed.

Pritam Singh & Anr. Vs Rama Sapra & Ors. — Landlord and Tenant | Delhi HC (2016)

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$~13

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- RFA 42/2016, CMs No.2357/2016 (for stay) & 2359/2016 (for condonation of delay)

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PRITAM SINGH & ANR ..... Appellants Through: Mr. Rajat Aneja & Ms. Rashmi Verma, Advs.

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Versus

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RAMA SAPRA & ORS ..... Respondents Through: Mr. M.G. Vacher, Adv.

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CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW O R D E R

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% 08.02.2016

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The appeal impugns the judgment and decree dated 13^th October, 2015 of the Court of Ms. Sujata Kohli, Additional District Judge, Central District, Tis Hazari Courts, Delhi in C.S. No.128/14/11 bearing Unique ID No.02401C0464982011 whereby the appellants have been ordered to be ejected from the premises earlier in their tenancy and to deliver possession thereof to the respondents.

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No mesne profits have been decreed.

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Notice of the appeal limited to the question of grant of time to the appellants to vacate the premises was issued.

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The counsel for the respondents appears.

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After some time, it has been agreed that the appellants will not press the appeal and withdraw the same and subject to the appellants paying mesne profits at the rate of Rs.35,000/- per month to the respondents with

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RFA 42/2016

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Page 1 of 3

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effect from the month of November, 2015 till the date of delivery of possession, the respondents shall not execute the decree till 31^st March, 2017.

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The two appellants present in Court and as identified by their counsel have undertaken to this Court to:

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(a) within two weeks of today pay mesne profits at the rate of Rs.35,000/- per month for the months of November & December, 2015 and January and February, 2016 to the respondent no.2 Sh. Ankit Sapra (as instructed by the counsel appearing on behalf of the respondents);

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(b) with effect from the month of March, 2016 and till the month of delivery of possession continue to pay Rs.35,000/- per month to the respondent no.2, month by month, in advance for each month, by the 15^th day of the month;

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(d) deliver vacant, peaceful, physical possession to the respondent no.2 Sh. Ankit Sapra on or before 31^st March, 2017;

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(e) not to cause any damage to the premises or induct any other person into occupation or control thereof;

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The appellants state that the appellants are in control and possession of the premises. The appellants have been explained the meaning of giving undertaking to the Court and the consequences of breach thereof.

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The aforesaid compromise is found to be lawful and is allowed.

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RFA 42/2016

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Page 2 of 3

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The undertakings given by both the appellants are accepted and both the appellants are made liable jointly and severally and ordered to be bound thereby.

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The appeal is dismissed as withdrawn.

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The respondents shall however, subject to the appellants complying with their undertaking, not execute decree for ejectment till 31^st March, 2017.

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Upon the default by the appellants of any of the undertakings, the respondents shall be entitled to execute the decree and also apply to this Court for initiating proceedings for contempt of Court against the appellants.

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No costs.

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Decree sheet be prepared.

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RAJIV SAHAI ENDLAW, J

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FEBRUARY 08, 2016 „gsr‟..

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RFA 42/2016

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Page 3 of 3

Pritam Singh & Anr. v. Rama Sapra & Ors.

Case brief

What is this about?

What did the court decide?

Pritam Singh & Anr. v. Rama Sapra & Ors.

Case brief

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What did the court decide?

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