Disposed

Vinod Kumar v. Sarla Rani

Delhi HC7 Sept 2017RC.REV./365/2017

Case brief

AI extract

What is this about?

The High Court of Delhi, affirming the lower order, granted the petitioner-tenant time until 30th September 2018 to vacate premises and pay arrears. The eviction order was stayed conditionally upon compliance with specific court undertakings regarding possession and payment.

What did the court decide?

Eviction order stayed in executon till 30.09.2018 subject to tenant complying with undertaking to vacate, pay arrears and future rent, and clear dues.

Vinod Kumar Vs Sarla Rani — Landlord and Tenant | Delhi HC (2017)

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$~32.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- RC.REV. No.365/2017 & CM No.28443/2017 (for stay). VINOD KUMAR ..... Petitioner Through: Mr. Vikram Sharma, Adv. versus

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SARLA RANI ..... Respondent Through: Mr. Anupam Dwivedi and Mr. Vikash Kumar Sinha, Advs.

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

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% 07.09.2017

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This order is in continuation of the earlier order dated 9^th August, 2017.

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The counsel for the respondent / landlord opposes grant of any further time contending the urgent need of the respondent / landlord and that the time granted to the petitioner / tenant to vacate the premises has already expired on 31^st July, 2017 and application for execution has already been filed.

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After persuasion, it is argued to grant time till 30^th September, 2018 to vacate the premises subject to the petitioner / tenant furnishing undertaking and on the terms.

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The counsel for the petitioner / tenant states that he has instructions from the petitioner / tenant to state that the petitioner / tenant is in exclusive control and possession of the entire premises from which he has been ordered to be evicted and is in a position to give undertaking in the usual form.

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The petitioner / tenant, as identified by his Advocate, undertakes to this Court:-

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RC.REV. No.365/2017

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page 1 of 3

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(i) to hand over vacant peaceful physical possession of the premises in his tenancy / possession to the respondent / landlord on or before 30^th September, 2018;

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(ii) to, on or before 30^th September, 2017, pay to the respondent / landlord the admitted arrears of rent @ Rs.3,500/- per month w.e.f. 1^st May, 2014 till 31^st July, 2017;

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(iii) to, on or before 30^th September, 2017, pay to the respondent / landlord use and occupation charges @ Rs.10,000/- per month for the months of August, 2017 and September, 2017 and to with effect from October, 2017 till 30^th June, 2018 and for the months of July, 2018, till the month of vacation of the premises on or before 30^th September, 2018 @ Rs.15,000/- per month, month by month, in advance for each month by the 10^th day of each English Calendar month;

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(iv) to clear the electricity and water dues of the premises till the date of occupation thereof, before leaving the premises; and,

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(v) to hereinafter not induct any other person into possession of the premises and to not damage the premises.

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The aforesaid undertakings of the petitioner / tenant are accepted and the petitioner / tenant / his legal representative are ordered to be bound therewith.

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The petitioner / tenant has been explained the consequences of breach of undertaking given to this Court.

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I have otherwise satisfied myself that the order of the Additional Rent Controller impugned in this petition is in accordance with law. RC.REV. No.365/2017 page 2 of 3

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page 2 of 3

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The petition is accordingly dismissed as withdrawn; however, subject to the petitioner / tenant complying with his undertaking aforesaid, the order of eviction is made inexecutable till 30^th September, 2018.

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It is made clear that in the event of the petitioner / tenant / his legal representative being in breach of the undertaking or any part thereof, the respondent / landlord besides initiating proceedings against the petitioner / tenant / his legal representative for breach of undertaking given to the Court shall also be entitled to forthwith execute the order of eviction.

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The counsel for the respondent / landlord to furnish to the counsel for the petitioner / tenant the particulars of the account of the bank of the respondent / landlord in which the petitioner / tenant may deposit the charges aforesaid as undertaken.

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No costs.

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RAJIV SAHAI ENDLAW, J

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SEPTEMBER 07, 2017 ‘pp’..

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page 3 of 3

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RC.REV. No.365/2017

Vinod Kumar v. Sarla Rani

Case brief

What is this about?

What did the court decide?

Vinod Kumar v. Sarla Rani

Case brief

What is this about?

What did the court decide?

What the court decided

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