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Shyam Sons Vs Ravi Kumar Jain — Landlord and Tenant | Delhi HC (2024)

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Delhi HC
2024
Shyam Sons Vs Ravi Kumar JainShyam Sons v. Ravi Kumar Jain

Disposed

Shyam Sons v. Ravi Kumar Jain

Delhi HC19 Sept 2024RC.REV./79/2024

Case brief

AI extract

What is this about?

Revision against eviction order affirmed. Petitioner granted time till 31.03.2025 to vacate shop with conditions on rent, possession, and charges.

What did the court decide?

Petitioner granted time till 31.03.2025 to vacate premises subject to conditions on rent, possession, and utilities.

What the court decided

AI extract

A

$~13

IN THE HIGH COURT OF DELHI AT NEW DELHI

RC.REV. 79/2024 & CM APPL. 16348/2024 & CM APPL. 44294/2024, CM APPL. 44295/2024

SHYAM SONS .....Petitioner

Through: Mr. Gurkamal Hora Arora and Mr. Jaisel Baath, Advocates

versus

RAVI KUMAR JAIN .....Respondent Through: Mr. Rajat Aneja, Mr. Anant Chaitanya Dutta, Mr. Utkarsh Mishra and Mr. Aditya Sharma, Advocates

CORAM: HON'BLE DR. JUSTICE SUDHIR KUMAR JAIN

O R D E R % 19.09.2024

The present revision petition is filed under section 25B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as “ the Act ”) to impugn the order dated 23.12.2023 passed by the court of Ms. Neetu Nagar, JSCCASCJ-Guardian Judge, South East, Saket Courts, Delhi (hereinafter referred to as the “ trial court ”) in eviction case bearing no. E-115/22 titled as Ravi Kumar Jain V M/s Shyam Sons .

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether to allow petitioner time to vacate the tenanted premises after affirming the eviction order.

Parties & counsel

AI extract

petitioner
Shyam Sons
respondent
Ravi Kumar Jain

Coram

AI extract

Sudhir Kumar Jain

Case details

As recorded by the court registry

Court: Delhi HC
Decided on: 19 Sept 2024 · September
Registered: 15 Mar 2024
Case no.: RC.REV./79/2024

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Cite this judgement

Shyam Sons v. Ravi Kumar Jain, RC.REV./79/2024 (DEL), decided on 19 September 2024.

The High Court of Delhi publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

Sudhir Kumar Jain

Parties & counsel

Outcome

Petitioner granted time till 31.03.2025 to vacate premises subject to conditions on rent, possession, and utilities.

Issue for consideration

Whether to allow petitioner time to vacate the tenanted premises after affirming the eviction order.

Detailed headnote1 paragraphs

Revision petition filed under section 25B(8) of the Delhi Rent Control Act praying to set aside eviction order. Court affirmed the trial court's order allowing eviction but, in view of mutual agreement, directed that petitioner be granted time until 31.03.2025 to vacate the premises subject to conditions regarding subletting, alterations, rent payment, and utility charges.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

The respondent filed an eviction petition under section 14(1)(e) read with section 25(B) of the Act bearing no. E-115/22 titled as Ravi Kumar Jain V M/s Shyam Sons against the petitioner in respect of one shop bearing no. 3601-A, Chawri Bazar, Delhi-110006 (hereinafter referred to as “ the tenanted premises ”).

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 30/09/2024 at 12:53:18

The petitioner after service of summons as per the Third Schedule of the Act, filed an application for leave to defend along with affidavit which was dismissed vide the impugned order dated 23.12.2023, as a consequence of which, an eviction order was passed in respect of the tenanted premises in favour of the respondent and against the petitioner. The petitioner being aggrieved, filed the present petition.

The perusal of the impugned order dated 23.12.2023 reflects that the trial court has considered all the relevant issues as raised by the parties and passed a reasoned order. There is no ground to interfere in the impugned order dated 23.12.2023 and the same is accordingly affirmed.

The counsel for the petitioner, on instructions, stated that the petitioner is ready to vacate the tenanted premises but the petitioner be given time till 31.03.2025 to vacate the tenanted premises..

Mr. Rajat Aneja, Advocate for the respondent, on instructions, stated that the petitioner may be given time till 31.03.2025 to vacate the tenanted premises and the respondent shall be accepting the agreed rate of rent till the time the petitioner vacates the tenanted premises

In view of the submissions made by the respective counsel for the petitioner and the respondent, the petitioner is granted time till 31.03.2025 to vacate the tenanted premises with the condition that petitioner shall not sublet/assign or part with the possession of tenanted premises or any part thereof and shall not carry out any material addition, alteration in the tenanted premises. The petitioner shall pay the rent at the agreed rate till the time the petitioner vacates the tenanted premises on or before on the last day of each English calendar month. The petitioner is also directed to clear the electricity and water charges before vacating the tenanted premises.

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 30/09/2024 at 12:53:18

It is made clear that if the petitioner fails to vacate the tenanted premises till 31.03.2025, in that eventuality, the respondent shall be at liberty to initiate/continue appropriate legal proceedings including execution proceedings for vacation of the tenanted premises.

The petitioner is directed to file an undertaking in the form of an affidavit to the said effect before this Court within a period of 02 weeks regarding the vacation of the tenanted premises on or before 31.03.2025 and other conditions as agreed.

The present petition stands disposed of.

DR. SUDHIR KUMAR JAIN, J

SEPTEMBER 19, 2024

j/am

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 30/09/2024 at 12:53:18

CNR

DLHC010137322024

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