Dalip Kumar v. Amar Pal Singh & ORS

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 451/2013 DALIP KUMAR ..... Petitioner Through Mr. P. K. Malik, Advocate versus AMAR PAL SINGH & ORS ..... Respondents Through Mr. Aourabh Pahwa and Mr. Tarun Sondhi, Advocates

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 19.01.2016 C.M. No.26970/2015 Exemption allowed subject to all just exceptions. Application disposed of.

RC.REV. 451/2013 and C.M. No.26969/2015 The order dated 16.11.2015 had recorded the submission made by the learned counsel for the petitioner that he will not press his petition on merits in case he is given one year time to vacate the suit property. Learned counsel for the respondent after taking instructions from his client submits that he has no objection to this proposal. Accordingly, an undertaking be filed by the petitioner by way of affidavit (within one week from today with advance copy to counsel for the respondent) undertaking to vacate the suit premises on or before 16.11.2016. Learned counsel for the respondent points out that the arrears of rent (agreed @ Rs. 150/- per month have not been paid since 2- 21⁄2

years). The arrears if any shall be cleared @ Rs. 150 per month upto 16.11.2015; documentary evidence to the said effect shall be filed along with the undertaking to be filed by the petitioner. It has also been undertaken by the petitioner that for a period of one year wherein he wishes to retain the property w.e.f. 16.11.2015 to 16.11.2016 he will pay rent @ Rs. 1500/- per month. The same shall also be incorporated in the undertaking. Needless to state that the respondent is at liberty to get the petition revived in case the undertaking is not honoured. Petition is disposed of.

INDERMEET KAUR, J JANUARY 19, 2016 gb