Bal Kishan v. Savinder Singh Kohli & ANR

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 105/2017 & CM APPL Nos.8787/2017, 17410/2018, 50588/2018 BAL KISHAN ..... Petitioner Through : Mr.Anil Sapra, Sr Advocate with Mr.Harsh Ahuja and Mr.Kushal Kumar, Advocates.

versus SAVINDER SINGH KOHLI & ANR ..... Respondents Through : Mr.S.K.Sharma and Ms.Prayas Aneja, Advocates.

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 25.02.2019 Petitioner assails the impugned judgment dated 05.09.2016 passed by the learned Trial Court whereby the eviction petition of respondents was allowed and eviction order was passed against the petitioner in respect of the shop bearing private No.8A, forming part of Shop No.8, Central Market, Lajpat Nagar - II, New Delhi. During the course of arguments, learned senior counsel for the petitioner submits that as per instructions, he is not inclined to argue on merits provided the petitioner is allowed to remain in the shop premises for three more years from now. Learned counsel for the respondent object to it.

In the circumstances and as agreed, the petitioner is to vacate the

shop premises on or before 30.06.2020, and hand over its vacant and peaceful possession to the respondents. Also as an interim measure the petitioner to pay the respondent an amount of Rs.10,000/- per month w.e.f. 01.03.2017 till 30.06.2020 as user/occupation charges. The arrears be cleared by eight 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 four weeks from today with an advance copy thereof to the learned counsel for petitioner. Any default in the payment of user/occupation charges or other conditions shall entail eviction forthwith.

The petition along with pending application stands disposed of in terms of above. No order as to costs.

Order dasti to both the parties.

YOGESH KHANNA, J.

FEBRUARY 25, 2019 M