Disposed¶30

Rajni Seth & Ors. v. Pushpa Gandhi & Anr.

Delhi HC4 Aug 2025RC.REV./15/2019

Case brief

AI extract

What is this about?

Consent disposal of Delhi High Court revision petition RC.REV. 15/2019 (Rajni Seth & Ors. v. Pushpa Gandhi & Anr.), order dated 04.08.2025, Justice Anup Jairam Bhambhani; time until 31.03.2026 to vacate shop premises at Rishi Nagar, Shakur Pur Basti, Delhi; monthly use and occupation charges Rs. 5,000/- per earlier order dated 15.11.2019; affidavit of undertaking; enhanced market-rent charges on default; no third-party rights; utility bills; respondents to furnish bank details within 07 days.

What did the court decide?

Petitioners granted time until 31.03.2026 to vacate Shop No. 2, Municipal No. 841, Rishi Nagar, Shakur Pur Basti, Delhi, on continued payment of Rs. 5,000/- per month use and occupation charges and filing of affidavits of undertaking; revision petition disposed of by consent. ¶30

Rajni Seth & Ors. Vs Pushpa Gandhi & Anr. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the revision petition could be disposed of by consent on terms granting the petitioners reasonable time to vacate the subject premises, subject to payment of use and occupation charges and undertakings.

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Court's answer

By consent, the petitioners shall vacate the subject premises, Shop no. 2, Municipal No. 841, Rishi Nagar, Shakur Pur Basti, Delhi, on or before 31.03.2026.

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Ratio / Principle

Until vacation, the petitioners are entitled to continue to use and occupy the subject premises for the purpose for which it has been used so far, subject to payment of use and occupation charges of Rs.5,000/- per month (as directed by order dated 15.11.2019), payable by or before the 7th day of every English calendar month.

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Key takeaways

To facilitate electronic remittance of use and occupation charges, the respondents shall furnish the requisite bank details to the petitioners within 07 days.ratio¶18
Each petitioner shall file before the court an affidavit of undertaking in the prescribed terms within 02 weeks, with copy to the opposing counsel.ratio¶19
Each petitioner undertakes to surrender vacant, peaceful, physical possession of the subject premises to the respondents or their nominee on or before 31.03.2026, against written acknowledgment of receipt.ratio

Detailed headnote1 paragraphs

Delhi High Court (Anup Jairam Bhambhani, J.), order dated 04.08.2025 in RC.REV. 15/2019, Rajni Seth & Ors. v. Pushpa Gandhi & Anr.: revision petition disposed of by consent. Petitioners to vacate Shop No. 2, Municipal No. 841, Rishi Nagar, Shakur Pur Basti, Delhi on or before 31.03.2026; until then they may continue use and occupation for the existing purpose, paying use and occupation charges of Rs. 5,000/- per month (as directed by order dated 15.11.2019) by or before the 7th of every English calendar month; respondents to furnish bank details within 07 days; each petitioner to file an affidavit of undertaking within 02 weeks covering surrender of vacant, peaceful possession against written acknowledgment, punctual payment of charges and utility bills, liability to enhanced charges at prevailing market rent on default, and no creation of third-party rights or damage to the premises; on breach, respondents free to pursue all remedies in accordance with law; Registry to report non-filing of undertakings.

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$~5

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- RC.REV. 15/2019, CM APPL. 1050/2019, CM APPL. 23066/2019

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RAJNI SETH & ORS. .....Petitioners

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Through: Mr. Ravinder Kumar Tyagi, Advocate.

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versus

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PUSHPA GANDHI & ANR .....Respondents Through: Mr. Viney Sharma, Advocate.

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CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

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O R D E R 04.08.2025

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After making some submissions in the matter, Mr. Ravinder Kumar Tyagi, learned counsel appearing for the petitioners, on instructions of petitioner No.1 who is present in court, submits that the petitioners would be willing to vacate the subject premises i.e., Shop No. 2, Municipal No. 841, Rishi Nagar, Shakur Pur Basti, Delhi, if they are granted some reasonable time.

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Mr. Viney Sharma, learned counsel has entered appearance on behalf of the respondents on advance copy; and submits that the respondents are agreeable to the aforementioned proposal of the petitioners; and the respondents are willing to grant to the petitioners time until 31.03.2026 to vacate the subject premises, subject to the petitioners continuing to make a monthly payment of Rs. 5,000/- as use and occupation charges, as directed vide order dated 15.11.2019.

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RC.REV. 15/2019 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 12/08/2025 at 12:55:27

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Page 1 of 3

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In view of the above, by consent of the petitioners as well as the respondents, the present revision petition is disposed-of with the following directions:

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3.1. The petitioners shall vacate the subject premises i.e., Shop no. 2, Municipal No. 841, Rishi Nagar, Shakur Pur Basti, Delhi on or before 31.03.2026 ;

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3.2. In the meantime, the petitioners 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 petitioners paying to the respondents use and occupation charges of Rs.5,000/- per month as directed by order dated 15.11.2019, to be paid to the respondents 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 respondents shall furnish to the petitioners requisite bank details within 07 days.

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

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i. I undertake that I shall surrender vacant, peaceful, physical possession of the subject premises to the respondents or their 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 continue to pay to the respondent use and occupation charges at Rs. 5,000/per month as directed vide order dated 15.11.2019, by or before the 07^th day of every English calendar month till the time I vacate the subject premises

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Page 2 of 3

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and hand-over vacant, peaceful, physical possession thereof to the respondents.

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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 respondents or their 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.5,000/- 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 respondents shall be at liberty to adopt all such remedies as may be available to them, in accordance with law.

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The petition is disposed-of in the above terms.

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

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ANUP JAIRAM BHAMBHANI, J

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AUGUST 4, 2025 /ss

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Page 3 of 3

Rajni Seth & Ors. v. Pushpa Gandhi & Anr.

Case brief

What is this about?

What did the court decide?

Rajni Seth & Ors. v. Pushpa Gandhi & Anr.

Case brief

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What did the court decide?

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