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High Court of DelhiRC.REV./359/2017

Mukesh Kumar Sharma v. Surender Kumar Mangal & ANR

2018-11-29Hon'Ble Mr. Justice Yogesh Khanna2 pages

$~81 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 359/2017 MUKESH KUMAR SHARMA ..... Petitioner Through : Mr.J.K.Gupta, Advocate.

versus SURENDER KUMAR MANGAL & ANR ..... Respondents Through : Mr.Sumit Kumar, Advocate.

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 29.11.2018 CM APPL No.34370/2018 Exemption allowed, subject to all just exceptions. The application stands disposed of.

CM APPL No.34369/2018 This application is moved by the petitioner for directions to the respondent No.1 to repair the tenanted shop/godown in property bearing No.2589, Gali Mandir Wali, Nai Basti, Naya Bazar, Delhi110006. The main petition was disposed of vide order dated 04.08.2017 whereby the petitioner had agreed to hand over the vacant and peaceful possession of the tenanted premises to the respondent No.1 / landlord by 31.12.2018 and he was to make the payment of user charges @Rs.5,000/- p.m. from 01.09.2017 till 31.08.2018 and Rs.8,000/- p.m. from 01.09.2018 till 31.12.2018 and also to clear the water and electricity charges as per actuals and shall not sub let or damage the tenant premises.

By way of instant application, the learned counsel for the petitioner says there is a seepage in the shop premises and despite requests the landlord has not taken any action. The learned counsel for the respondent disputes the allegations made in the application and says though he has got the premises repaired but in case of any seepage in the tenanted premises he shall inspect the same and if it require further repairs, needful shall be done. Even otherwise, the petitioner has to vacate the premises by 31.12.2018. The learned counsel for the petitioner prays for further extension of time to vacate the premises, such requests cannot be adhered to in view of the consent order dated 04.08.2017. In view of above, the application stands disposed of. YOGESH KHANNA, J.

NOVEMBER 29, 2018 M