Allowed

Commercial Tyres v. Arjun Uppal & Anr.

Delhi HC1 Feb 2018RC.REV./98/2017

Case brief

AI extract

What is this about?

High Court granted an application seeking enlargement of time to vacate premises. The revision petition challenging eviction was dismissed, making the eviction final. Court allowed extended vacancy period subject to payment of user charges.

What did the court decide?

Enlargement of time for vacation of premises granted until 30th June 2018 subject to payment of user charges and peaceful possession.

Commercial Tyres Vs Arjun Uppal & Anr. — Landlord and Tenant | Delhi HC (2018)

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$~38

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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RC.REV. 98/2017 COMMERCIAL TYRES ..... Petitioner Through: Mr. Jagjit Singh, Advocate versus

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ARJUN UPPAL & ANR ..... Respondents Through: Mr. Nikhil Singhvi, Advocate with Ms. Nikita Pandey, Adv & Mr. Mohit Seth, Adv.

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CORAM: HON'BLE MR. JUSTICE R.K.GAUBA O R D E R % 13.03.2018

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CM APPL.9683/2018 (for extension of time)

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On the eviction petition of the respondents on the ground of bona fide need the additional rent controller passed an eviction order dated 22.08.2016 against the applicant/petitioner. The revision petition was dismissed by order dated 01.02.2018, the said order having since become final and binding.

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By the application at hand, the applicant seeks enlargement of time. The first respondent appearing on his behalf and on behalf of co-petitioner before the rent controller, is present with his counsel on advance copy being served. The counsel for the non-applicant/respondents, on instructions, submits that his client is agreeable to extended period being granted to the applicant to vacate the subject premises on or before 30^th June, 2018, provided the applicant pays user/occupation charges @ Rs.7,000/- per month with effect from 1^st August, 2016.

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RC.REV. 98/2017

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The counsel for the applicant after seeking instructions from Mr. Surender Pal Singh, who represents the applicant, submits his consent, readiness and willingness to abide by such terms for enlargement of time for such period as has been agreed by the opposite party being granted.

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The applicant further undertakes to bear the electricity/water charges, if any, for the consumption of supply of such nature in the subject premises for the period of his continued occupation and make the payment of arrears of user/occupation charges up-to-date on or before 31^st March, 2018 and to pay such charges for the remainder of the period for which he has been allowed to remain in occupation month by month by 7^th day of each consecutive month in advance. He further undertakes to hand over the vacant and peaceful possession of the subject premises to the respondents on or before the afore-mentioned date and, in the meanwhile, not to create any third party interest in the subject premises. He further undertakes to submit a formal undertaking in above respect within a week hereof.

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The respondents will communicate the applicant the particulars of their bank account through counsel within a week hereof so that compliance as to the payments can be made by deposit in such account.

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Subject to compliance with the above mentioned conditions, the enlargement of time for vacation of the subject premises on or before 30^th June, 2018 is hereby granted.

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The application stands disposed of.

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Dasti.

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R.K.GAUBA, J.

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MARCH 13, 2018/vk

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RC.REV. 98/2017

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Commercial Tyres v. Arjun Uppal & Anr.

Case brief

What is this about?

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Commercial Tyres v. Arjun Uppal & Anr.

Case brief

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