Ram Bharose v. Kundan Lal

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 388/2015 RAM BHAROSE ..... Petitioner Through : Mr.Sunil R Sharma, Mr.Sumeet Anand and Mr.Prutush Parimal, Advocates with petitioner in person.

versus KUNDAN LAL ..... Respondent Through : Mr.S.K.Gupta, Advocate with respondent in person.

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 20.02.2019 Petitioner assails the impugned order dated 03.03.2015 passed by the learned Trial Court whereby the leave to defend application of the petitioner was rejected and an eviction order was passed in favour of the respondent in respect of one shop at ground floor of premises bearing Nos.82-83, South Anarkali, Delhi - 110051. During course of arguments, learned counsel for the petitioner submits that he is not inclined to argue on merits provided the petitioner is allowed to remain in the premises for two years from now. Learned counsel for the respondent says in such a case let market rental be paid by the petitioner till the vacation of the premises.

In the circumstances the petitioner to vacate the premises on 28.02.2021 and hand over its vacant and peaceful possession to the respondent. Also as an interim measure the petitioner to pay the respondent an amount of Rs.2,000/- per month w.e.f. 01.03.2019 till

28.02.2021 as user/occupation charges payable on before 7th of each calendar month. The payment be made by petitioner in cash to the respondent against valid receipt. 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. Any default in the payment of user/occupation charges shall entail eviction forthwith. The petition along with pending application stands disposed of in terms of above. No order as to costs.

YOGESH KHANNA, J.

FEBRUARY 20, 2019 M