Disposed

Bundu Khan (Since Deceased) Thr His Lrs v. Sneh Mehta

Delhi HC4 Nov 2024RC.REV./250/2023

Case brief

AI extract

What is this about?

Petition filed for recovery of possession settled amicably. Court approved undertaking for vacant possession by 31.12.2024 and waiver of user charges by landlord if undertaken.

What did the court decide?

Respondent to waive use and occupation charges upon Petitioners' commitment to vacate premises by 31.12.2024; Petitioners to file undertaking.

Bundu Khan (Since Deceased) Thr His Lrs Vs Sneh Mehta — Landlord and Tenant | Delhi HC (2024)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- RC.REV. 250/2023 & CM APPL. 47585/2023

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BUNDU KHAN (SINCE DECEASED) THR HIS LRS .....Petitioners

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Through: Mr. Absar Ahmad, Advocate with Petitioner Nos.1 and 6.

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versus

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SNEH MEHTA .....Respondent Through: Col. VS Mehta, Advocate.

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CORAM:

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HON'BLE MS. JUSTICE TARA VITASTA GANJU

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O R D E R

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% 04.11.2024

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Mr. Fiaz Ahmad, Petitioner No.1 and Mr. Aizaz Ahmed, Petitioner No.6 are physically present in Court today as is Col. VS Mehta, who is the husband of the Respondent.

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After some arguments, learned Counsel for the parties, on instructions, submit that the parties have amicably settled their disputes. They submit that in terms of the settlement arrived at between the parties, the Petitioners/tenant undertake to vacate the subject premises on or before 31.12.2024.

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In consideration of the early vacation of the subject premises, the Respondent/landlord shall not press for use and occupation charges from the Petitioner.

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Subject to the above, learned Counsel for the Respondent/landlord submits that the Respondent/landlord agrees to waive all claims for

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/11/2024 at 11:30:15

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damages/user charges for the demised premises.

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Learned Counsel for the Petitioners submits that Petitioner No.6 is the power of attorney of the remaining Petitioners, who are his sisters and his mother. He submits that the physical possession of the subject property is with Mr. Fiaz Ahmad/ Petitioner No.1 and Mr. Aizaz Ahmed/ Petitioner No.6 alone.

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The Petitioner Nos.1 and 6 shall file Affidavits by way of an undertaking alongwith clear and legible copies of GPA and SPA dated 24.05.2023 and 21.01.2019 respectively.

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Accordingly, let an Affidavit/Undertaking be filed by all the Petitioners/tenants, within a period of two weeks undertaking that:

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(i) The vacant, physical and peaceful possession of the subject premises will be handed over by the Petitioners/tenant to the Respondent/landlord on or before 31.12.2024;

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(ii) The Petitioners/tenants 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;

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(iii) The Petitioners/tenants undertakes and confirms that the entire subject premises are under their occupation and control;

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(iv) The Petitioners/tenants undertakes that they will not create any third party rights or part with possession of the subject premises and they shall not damage the subject premises in any manner whatsoever prior to its vacation; (v) The Petitioners/tenant shall remain bound by the aforesaid Undertaking.

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An advance copy of the Undertaking shall be served on the learned Counsel for the Respondent/landlord.

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/11/2024 at 11:30:15

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In the event that the Petitioners/tenant defaults in complying with the Undertaking, the Respondents/landlord will be at liberty to take recourse to appropriate proceedings for recovery of possession and for recovery of the user and occupation charges from the Petitioners/tenant at market rate for the period from the date of the Eviction Order in accordance with law.

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This Petition and all pending Applications are disposed of in the aforegoing terms.

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List for compliance on 19.11.2024.

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Parties will act based on the digitally signed copy of the order.

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TARA VITASTA GANJU, J

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NOVEMBER 4, 2024/pa

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Click here to check corrigendum, if any

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/11/2024 at 11:30:15

Bundu Khan (Since Deceased) Thr His Lrs v. Sneh Mehta

Case brief

What is this about?

What did the court decide?

Bundu Khan (Since Deceased) Thr His Lrs v. Sneh Mehta

Case brief

What is this about?

What did the court decide?

What the court decided

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