Virender Chopra And ORS v. Pushpa Kathuria

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RC.REV. 44/2025 & CM APPL. 6455/2025 VIRENDER CHOPRA AND ORS .....Petitioners Through:

Mr. Vimal Puggal and Mr. Abhinav Sharma, Advocates.

versus PUSHPA KATHURIA .....Respondent Through:

Mr. Viney Sharma, Advocate.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 23.04.2025 At the outset, Mr. Vimal Puggal, learned counsel appearing on behalf of the petitioners submits, that the petitioners are willing to not press the present revision petition if they are granted some reasonable time to vacate the subject premises i.e., property bearing Nos. 57455749, Ward No. 6, Jogiwara, Nai Sarak, New Delhi. 2.

Mr. Viney Sharma, learned counsel appearing on behalf of the respondent submits that the respondent is agreeable to the aforementioned proposal of the petitioners, subject to the petitioners making a monthly payment of Rs. 25,000/- as use and occupation charges.

3.

In view of the above, on consent of the parties, the present revision petition is disposed-of, with the following directions : 3.1.

The petitioners shall vacate the subject premises i.e., property bearing Nos. 5745-5749, Ward No. 6, Jogiwara, Nai Sarak, New Delhi on or before 31.12.2025;

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3.2.

In the meantime, the petitioners shall be entitled to continue to use and occupy the subject premises for the purpose for which it has been used so far, subject however to the petitioners collectively paying to the respondent use and occupation charges of Rs.25,000/- per month with effect from 01.04.2025, to be paid to the respondent by or before the 07th day of every English calendar month, till the time of vacation of the subject premises; and 3.3.

To facilitate electronic remittance of use and occupation charges as referred-to above, the respondent shall furnish to the petitioners requisite bank details within 07 days. 4.

Furthermore, each of the petitioners, shall file before this court an affidavit of undertaking in the following terms within 02 weeks from today, with copy to the opposing counsel:

i.

I undertake that I shall surrender vacant, peaceful, physical possession of the subject premises to the respondent or her nominee on or before 31.12.2025, against written acknowledgment of receipt. ii.

During the period of my use and occupation of the subject premises, I alongwith the co-tenants shall collectively pay to the respondent use and occupation charges at Rs. 25,000/- per month with effect from 01.04.2025, by or before the 07th day of every English calendar month till the time I vacate the subject premises and hand over vacant, peaceful, physical possession thereof to the respondent.

iii.

Furthermore, during the period of my use and occupation of the subject premises, I alongwith the co-tenants shall also regularly and punctually pay all utility bills, including electricity and water charges and any other dues that may arise in relation to the use and occupation of the subject premises, till the date I hand-over vacant, peaceful, physical possession thereof to the respondent or his nominee.

iv.

I also undertake that in the event of any default in payment of use and occupation charges and/or any utility bills as aforesaid, I shall render The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

myself liable to pay enhanced use and occupation charges equivalent to the prevailing market rent for the relevant period instead of the agreed use and occupation charges of Rs.25,000/- per month as referred to above. v.

I further undertake and confirm that throughout the period upto 31.12.2025, the subject premises shall remain under my use and occupation; and I shall not create any third party rights, titles or interests whatsoever, in or to the subject premises; and that I shall not cause any damage or harm to the subject premises, failing which I shall remain liable for damages to compensate for any such damage or harm. vi.

I shall remain bound by the terms of the aforesaid undertaking. 5.

Needless to add, that in the event of violation of any of the terms of the above-referred undertaking, the respondent shall be at liberty to adopt all such remedies as may be available to him, in accordance with law.

6.

The petition is disposed-of in the above terms. 7.

The Registry is directed to bring to the notice of this court if the affidavit of undertaking is not filed by the petitioners as directedabove. ANUP JAIRAM BHAMBHANI, J APRIL 23, 2025 ss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.