High Court of DelhiRC.REV./105/2019

Rakesh Bhatia v. Hardeep Kaur

2019-02-20Hon'Ble Mr. Justice Yogesh Khanna2 pages

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 105/2019 RAKESH BHATIA ..... Petitioner Through : Mr.Harish Malhotra, Mr.Rajesh Bhatia, Mr.Hemant Kakkar, Mr.Shivam, Advocates with petitioner in person.

versus HARDEEP KAUR ..... Respondent Through : Counsel for the respondent appearance not given.

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 20.02.2019 CAV No.172/2019 Counsel as above appears for the respondent/caveator. The caveat is discharged.

CM APPL No.8310/2019 Exemption allowed, subject to all just exceptions. The application stands disposed of.

RC.REV. 105/2019 & CM APPL No.8309/2019 This petition challenges the impugned order dated 24.08.2018 whereby the application for leave to defend filed by the petitioner herein was dismissed and eviction petition is allowed. During the course of arguments the learned senior counsel for the petitioner submits they do not intend to challenge the order on

merits provided three years time be granted to vacate the premises. However the learned counsel for the respondent objected to the same and submits two years time may be given provided some compensation/user charges be given to the respondent/landlord. In the circumstances the petitioner is directed to vacate the premises and handover its vacant and peaceful possession on or before 31.02.2021 to the respondent, provided the petitioner pay to the respondent the user/occupation charges at the rate of Rs.20,000/- per month with effect from 01.03.2019 till the date of vacation of the premises by the petitioner. The future user/occupation shall be paid on or before the 7th day of each calendar month. Electricity and water charges shall be paid as per actuals. Usual undertaking shall be filed by the petitioner within four weeks from today.

Any violation of these terms shall entail the eviction forthwith. At this stage the learned counsel for the respondent submits some rental is also due which the petitioner needs to pay. The learned senior counsel for the petitioner submits whatever shall be the arrears shall be cleared within four weeks from today. The petition stands disposed of. Pending applications, if any, also stands disposed of.

YOGESH KHANNA, J.

FEBRUARY 20, 2019 DU