Adishwar Kumar & ANR v. Rajinder Singh Pawar

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 567/2018 ADISHWAR KUMAR & ANR ..... Petitioners Through : Mr.S.C.Jain, Advocate with petitioner in person versus RAJINDER SINGH PAWAR ..... Respondent Through : Mr.J.P.Sengh, Sr. Advocate with Mr.Anil Kumar Pruthi, Mr.Shashi Pratap Singh, Mr.Zulin Singh, Ms.Manisha Mehta and Mr.Akash Mishra, Advocates

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 15.01.2019 CAV No.1005/2018 Counsel as above appears for the respondent/caveator. The caveat is discharged.

CM APPL No.50038/2018 Exemption allowed, subject to all just exceptions. The application stands disposed of.

RC.REV. 567/2018 & CM APPL No.50037/2018 Issue notice.

Counsel for the respondent accepts notice.

After hearing some arguments it was submitted by learned counsel for the petitioner that the petitioner is not inclined to

challenge the impugned order on merits if some time is granted to the petitioner for vacation of the premises. Learned counsel for the petitioner submits that at least further time of 1 1⁄2 years be given to vacate the premises. This proposal is accepted by learned senior counsel for the respondent provided the petitioner pays the market rate of rent as the user/occupation charges. Though it is submitted by learned counsel for the respondent that the market rate of rent is 50,000/- but the same is disputed by learned counsel for the petitioner. Hence, as an interim measure let the petitioner pay to the respondent an amount of Rs.20,000/- per month as user/occupation charges w.e.f. 01.03.2019 on or before 7th of each calendar month. The water and electricity charges be paid as per actual. The usual undertaking to this effect shall be filed by the petitioner within four weeks from today. Any default of the order would entail eviction forthwith.

In terms of above, the petition along with pending applications stands disposed of.

Order dasti.

YOGESH KHANNA, J.

JANUARY 15, 2019 VLD