High Court of DelhiRC.REV./607/2016

Krishan Lal Chadha v. Santosh Marwah & ORS

2017-03-08Hon'Ble Mr. Justice Jayant Nath2 pages

$~A-4 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RC.REV. 607/2016 & CM Nos.47818-819/2017 KRISHAN LAL CHADHA ..... Petitioner Through Dr.Adish C.Aggarwal, Sr.Advocate with Mr.Amish Aggarwal & Mr.Abhinav Singh, Advocates with petitioner in person versus SANTOSH MARWAH & ORS ..... Respondents Through Mr.K.R.Chawla, Advocate

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 08.03.2017 The learned senior counsel appearing for the petitioner, on instructions from the petitioner, submits that the petitioner would like to settle the matter with the respondents if two years time from today is granted to him to vacate and hand over vacant physical possession of the suit property to the respondent/son of respondent No.1- Sh.Ambeesh Marwah, i.e. on or before 07.03.2019.

Let the petitioner file an affidavit of undertaking to vacate the tenanted premises/suit property being Flat No.3, Double Storey Market, New Rajinder Nagar, New Delhi-110060 as described by the respondents in the eviction petition and hand over vacant physical possession of the same on or before 07.03.2019 to the respondent/son of respondent No.1Sh.Ambeesh Marwah.

In the affidavit of undertaking, the petitioner will undertake that during the period the property is in his occupation, he shall continue to pay agreed rent @ Rs.137.50/- per month by 7th of each English calendar month in advance. He shall continue to pay electricity and water charges for the property. He will also undertake not to sub-let or part with possession of the property or cause any wilful damage to the property. In case of any arrears, the same will be paid within two months from today. The learned senior counsel for the petitioner submits that in view of the above undertaking, the petitioner does not want to press the present petition.

The learned counsel appearing for the respondents submits that in case the undertaking is filed by the petitioner within two weeks, the respondents will not execute the eviction order till 07.03.2019. In case of default of payment of rent as stated above, the respondents are at liberty to approach this court seeking permission to execute the eviction order.

Keeping in view the above, the present petition is disposed of. All the pending applications are also disposed of.

Dasti.

JAYANT NATH, J.

MARCH 08, 2017/v