Disposed

Ashok Kumar v. Bhagwati Saran

Delhi HC14 May 2025RC.REV./147/2025

Case brief

AI extract

What is this about?

Tenant sought to withdraw a rent revision petition if granted time to vacate the shop premises; by consent, the petition was disposed of with directions to vacate by 31.03.2026 and pay Rs. 8,000 per month use and occupation charges from 01.06.2025.

What did the court decide?

Petitioner permitted to occupy premises till 31.03.2026 on Rs. 8,000/month use and occupation charges, subject to filing an undertaking affidavit within 2 weeks.

Ashok Kumar Vs Bhagwati Saran — Landlord and Tenant | Delhi HC (2025)

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$~209

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- RC.REV. 147/2025 & CM APPL. 26869/2025, CM APPL. 26870/2025 ASHOK KUMAR .....Petitioner

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Through: Mr. Kirti Uppal, Senior Advocate with Counsel (Appearance not given). Mr. Satish Choudhary, Advocate.

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versus

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BHAGWATI SARAN .....Respondent Through: Mr. Abhishek Gupta, Advocate.

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CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI O R D E R % 14.05.2025

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CM APPL. 26871/2025 (exemption)

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Exemption allowed, subject to just exceptions.

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Let requisite compliances be made within 01 week.

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The application stands disposed-of.

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CAV 170/2025

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Mr. Abhishek Gupta, learned counsel has appeared for the respondent on advance copy; and has been heard in the matter.

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The caveat is accordingly discharged.

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RC.REV. 147/2025

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After making brief submissions in the matter, Mr. Kirti Uppal, learned senior counsel appearing on behalf of the petitioner submits, that the petitioner is willing to not press the present revision petition if he is granted some reasonable time to vacate the subject

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RC.REV. 147/2025

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Page 1 of 4

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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 01/07/2025 at 16:42:31

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premises i.e. , Shop no. 486 (ground floor), Main Bazar, Subzi Mandi, Delhi.

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Mr. Gupta submits that the respondent is agreeable to the aforementioned proposal of the petitioner, subject to the petitioner making a monthly payment of Rs.8,000/- as use and occupation charges.

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In view of the above, after brief submissions made by learned counsel for both parties, by consent of the petitioner as well as the respondent, the present revision petition is disposed-of with the following directions:

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3.1. The petitioner shall vacate the subject premises i.e. , Shop no. 486 (ground floor), Main Bazar, Subzi Mandi, Delhi on or before 31.03.2026 ;

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3.2. In the meantime, the petitioner shall be entitled to continue to use and occupy the subject premises for the purpose for which it has been used so far, subject however to the petitioner paying to the respondent use and occupation charges of Rs. 8,000/- per month with effect from 01.06.2025 , to be paid to the respondent by or before the 07^th day of every English calendar month, till the time of vacation of the subject premises; and

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3.3. To facilitate electronic remittance of use and occupation charges as referred-to above, the respondent shall furnish to the petitioner requisite bank details within 07 days.

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Furthermore, the petitioner shall file before this court an affidavit of undertaking in the following terms within 02 weeks from today, with copy to the opposing counsel :

RC.REV. 147/2025

Page 2 of 4

i. I undertake that I shall surrender vacant, peaceful, physical possession of the subject premises to the respondent or his nominee on or before 31.03.2026 , against written acknowledgment of receipt.

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ii. During the period of my use and occupation of the subject premises, I shall pay to the respondent use and occupation charges at Rs. 8,000/- per month with effect from 01.06.2025, by or before the 07^th day of every English calendar month till the time I vacate the subject premises and hand over vacant, peaceful, physical possession thereof to the respondent.

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iii. Furthermore, during the period of my use and occupation of the subject premises, I shall also regularly and punctually pay all utility bills, including electricity and water charges and any other dues that may arise in relation to the use and occupation of the subject premises, till the date I hand-over vacant, peaceful, physical possession thereof to the respondent or his nominee.

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iv. I also undertake that in the event of any default in payment of use and occupation charges and/or any utility bills as aforesaid, I shall render myself liable to pay enhanced use and occupation charges equivalent to the prevailing market rent for the relevant period instead of the agreed use and occupation charges of Rs.8,000/- per month as referred to above.

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v. I further undertake and confirm that throughout the period upto 31.03.2026, the subject premises shall remain under my use and occupation; and I shall not create any third party rights, titles or interests whatsoever, in or to the subject premises; and that I shall not cause any damage or harm to the subject premises, failing which I shall remain liable for damages to compensate for any such damage or harm.

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vi. I shall remain bound by the terms of the aforesaid undertaking.

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Needless to add, that in the event of violation of any of the terms of the above-referred undertaking, the respondent shall be at liberty to adopt all such remedies as may be available to him, in accordance with law.

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The petition is disposed-of in the above terms.

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Pending applications, if any, also stand disposed-of.

RC.REV. 147/2025

Page 3 of 4

The Registry is directed to bring to the notice of this court if the affidavit of undertaking is not filed by the petitioner as directedabove.

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ANUP JAIRAM BHAMBHANI, J

MAY 14, 2025/ ak

RC.REV. 147/2025

Page 4 of 4

Ashok Kumar v. Bhagwati Saran

Case brief

What is this about?

What did the court decide?

Ashok Kumar v. Bhagwati Saran

Case brief

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