Disposed

Nami Chand Jain v. Arun Grover & Anr.

Delhi HC4 Feb 2025RC.REV./535/2017

Case brief

AI extract

What is this about?

Tenant sought additional time to vacate rented premises in a revision petition. The court recorded the tenant's undertaking to hand over vacant possession by 31.03.2025, with landlords foregoing user charge and damages claims, and disposed of the petition.

What did the court decide?

Time granted till 31.03.2025 to vacate on filed undertaking; landlords forego user charges/damages claims; interim protection stands if terms met.

Nami Chand Jain Vs Arun Grover & Anr. — Landlord and Tenant | Delhi HC (2025)

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$~14

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of Decision: 04.02.2025

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- RC.REV. 535/2017, CM APPL. 42451/2017 & CM APPL. 41952/2024

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NAMI CHAND JAIN .....Petitioner

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Through: Mr. Gaurav Saarin, Sr. Advocate with Mr. S.K. Rout, Mr. Harish Kumar, Mr. Aman Mehrotra & Mr. Rahul Kumar, Advocates with Petitioner in person.

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versus

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ARUN GROVER & ANR .....Respondents Through: Mr. Shivankar, Mr. Sharad, Mr. Ayush Singh & Ms. Urvashi Raj, Advocates.

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CORAM:

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HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral)

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The Petitioner is present in person today. The Respondent No.2 and Respondent Nos. 1(a) and 1(b) are also present in Court today.

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Learned Senior Counsel for the Petitioner/tenant submits that the Petitioner/tenant need additional time to vacate the tenanted premises.

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Learned Counsel for the Petitioner/tenant on instructions from the Petitioner/tenant submits that the Petitioner/tenant shall vacate the tenanted premises on or before 31.03.2025. Learned Counsel for the Respondents/landlords on instructions submits that this offer is acceptable. 3.1 In lieu of the early vacation of the tenanted premises, the learned

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Signature Not Verified

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RC.REV. 535/2017 Page 1 of 3

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Digitally Signed By:GEETA JOSHI Signing Da te:0 8.02.2025 19:03:53

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Counsel for the Respondents/landlords, on instructions, submits that the Respondents/landlords agree to forego their claims of user charges and damages etc.

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In view thereof, let an Undertaking by way of an Affidavit be filed by the Petitioner/tenant, within a period of one week undertaking that: (i) The Petitioner/tenant shall hand over the physical possession of the entire property in possession i.e., one shop bearing Shop No. 1 in property bearing No. B-9/7, Ground Floor, Ring Road, Rajouri Garden, New Delhi110027, more specifically shown in red colour of the site plan annexed with the Eviction Petition including the whole area which is in possession of the Petitioner/tenant which is shown in yellow colour of the site plan which is marked as Mark P-1 filed on record before the learned Trial Court. [hereinafter referred to as the “subject Premises”];

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(ii) The vacant, physical and peaceful possession of the subject Premises will be handed over by the Petitioner/tenant to the Respondents/landlords on or before 31.03.2025;

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(iii) The Petitioner/tenant undertakes and confirms that the entire subject Premises are under his occupation and control;

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(iv) The Petitioner/tenant 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; (v) The Petitioner/tenant undertakes that he will not create any third party rights or part with possession of the subject Premises and that he shall not damage the subject Premises in any manner whatsoever prior to its vacation; (vi) The Petitioner/tenant shall remain bound by the aforesaid

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Signature Not Verified

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RC.REV. 535/2017 Page 2 of 3

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Digitally Signed By:GEETA JOSHI Signing Da te:0 8.02.2025 19:03:53

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Undertaking.

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An advance copy of the Undertaking shall be served on the Respondents/landlords.

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In the event that the Petitioner/tenant defaults in complying with the terms of the Undertaking filed, the interim protection granted by the Court on 08.12.2017 shall automatically stand dissolved and Respondents/landlords will be at liberty to take recourse to appropriate proceedings for recovery of possession and for recovery of the full mesne profits from the Petitioner/tenant at market rate for the period from the date of the Eviction Order, in accordance with law.

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The Revision Petition is disposed of in the aforegoing terms. Pending Applications stand closed.

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List the matter for compliance on 27.02.2025 in Supplementary list.

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The parties shall act based on the digitally signed copy of the order.

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TARA VITASTA GANJU, J

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FEBRUARY 4, 2025/ ha

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Click here to check corrigendum, if any

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Signature Not Verified

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RC.REV. 535/2017 Page 3 of 3

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Digitally Signed By:GEETA JOSHI Signing Da te:0 8.02.2025 19:03:53

Nami Chand Jain v. Arun Grover & Anr.

Case brief

What is this about?

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Nami Chand Jain v. Arun Grover & Anr.

Case brief

What is this about?

What did the court decide?

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