Veena Jain & ANR v. Satish Kumar Jain

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 784/2019, CM APPL No.24127/2019 VEENA JAIN & ANR ..... Petitioners Through : Ms.Renuka Arora, Advocate.

versus SATISH KUMAR JAIN ..... Respondent Through : Mr.R.K.Jain, Advocate with respondent in person.

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 23.05.2019 Vide the impugned order dated 30.03.2019 the petitioner was directed to pay Rs.80,000/- per month for a) the room she is occupying on the ground floor of property bearing No.148, State Bank Colony, G.T.Karnal Road, Delhi; b) for room on second floor and c) for complete first floor.

After some arguments both the learned counsels agree the petitioner shall hand over the vacant and peaceful possession of the room at the second floor of the premises and also the room on the ground floor of the premises within two weeks from today by handing over keys of such rooms to the respondent herein. There is a decree of possession against her and hence she needs to pay mesne/ user / occupation charges for her stay on the first floor. Considering the facts and circumstances; the extent of accommodation available with the petitioner and prevalent market rental, the petitioner is directed to pay to the respondent an amount of

Rs.30,000/- per month w.e.f. 09.05.2018 till the pendency of appeal before learned first appellate Court. The arrears be cleared by two weeks and future payment be made 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 two weeks from today with learned first appellate Court. Any default in the payment of user/occupation charges shall automatically entail vacation of stay granted in favour of petitioner against dispossession. The petition along with pending application stands disposed of in terms of above.

Copy of this order be given dasti under signatures of the Court Master.

YOGESH KHANNA, J.

MAY 23, 2019 M