High Court of DelhiRC.REV./109/2017

Kishan Lal v. Dr Pushp Raj Jain

2017-03-06Hon'Ble Mr. Justice Jayant Nath2 pages

$~40 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RC.REV. 109/2017, CAV.211/2017 & CM Nos.8879-880/2017 KISHAN LAL ..... Petitioner Through Mr. G.K.Bharti, mr.Rajesh Kumar and Mr. Rajeev Sharma, Advocates versus DR PUSHP RAJ JAIN ..... Respondent Through Mr.Attin Shankar Rastogi, Advocate with petitioner-in-person.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 06.03.2017 CAV 211/2017 Since the counsel for the caveator has entered appearance, the caveat stands discharged.

CM No.8880/2017 (exemption) Allowed, subject to all just exceptions.

RC.REV. 109/2017 & CM No.8879/2017(stay) Learned counsel for the petitioner submits that the petitioner shall file an undertaking by means of an affidavit to this court to vacate the tenanted property and hand over vacant physical possession to the respondent on or before 30.06.2019. Learned counsel for the petitioner also agrees that the petitioner will pay user charges @ Rs.7,500/- per month w.e.f. 01.03.2017. The payment for the month of March shall be made by 20.03.2017. The petitioner shall also undertake to pay subsequent user charges by the 7th day of each month in advance. The petitioner shall also undertake to pay the

electricity and water charges for the period he occupies the tenanted premises. He will also undertake not to induct any third party in the tenanted property or cause any wilful damage to the property The aforesaid affidavit will be filed within two weeks from today. Learned counsel appearing for the petitioner submits that in view of the above, the petitioner does not press the present petition. Learned counsel appearing for the respondent on instructions submits that in case the affidavit is filed within two weeks weeks from today, the respondent shall not execute the eviction petition till 30.06.2019. In case there is any default in payment of user charges, the respondent is free to approach the court for permission to execute the eviction order. In view of the present petition stands disposed of. All pending applications also stand disposed of.

JAYANT NATH, J.

MARCH 06, 2017/rb