High Court of DelhiRC.REV./199/2019

Seema Aggarwal v. Sunita Dawar & ORS

2019-04-02Hon'Ble Mr. Justice Yogesh Khanna2 pages

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 199/2019 SEEMA AGGARWAL ..... Petitioner Through : Mr.Bharat Bhushan Aggarwal, Advocate.

versus SUNITA DAWAR & ORS ..... Respondents Through : Mr.Ajay Gupta, Advocate.

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 02.04.2019 CM APPL No.15110/2019 Exemption allowed, subject to all just exceptions. The application stands disposed of.

RC.REV. 199/2019 Petitioner assails the impugned order dated 25.09.2018 passed by the learned Trial Court whereby the leave to defend application of the petitioner was dismissed and eviction order was passed in favour of the respondent.

During the course of arguments, the learned counsel for the petitioner says petitioner is widow lady having no source of income and is doing the business from the premises in question and hence requests the petitioner be granted some more time to vacate the premises and she would pay the user / occupation charges @ Rs.14,000/- per month till the vacation of premises and that she will not transfer/assign/part with the possession of premises in question to any third party. The learned counsel for the respondent appearing on advance notice does not oppose the request of petitioner.

In the circumstances and as agreed to by the learned counsel for the respondent, the petitioner to vacate the premises on or before 31.03.2021, and hand over its vacant and peaceful possession to the respondent. The petitioner is also directed to pay to the respondent an amount of Rs.14,000/- per month w.e.f. 01.04.2019 till 31.03.2021 as user/occupation charges. The payment shall be made in advance on or before 7th of each calendar month. The water and electricity charges be paid as per actuals. The usual undertaking to this effect shall be filed by the petitioner within a week from today with an advance copy thereof to the learned counsel for respondent. Any default in the payment of user/occupation charges shall entail eviction forthwith. The petition along with pending application stands disposed of in terms of above. Order dasti to both the parties. YOGESH KHANNA, J.

APRIL 02, 2019 M