J. K. MAHESHWARI, K. V. VISWANATHAN
Rajiv Puri – Appellant
Versus
Amit Sharma – Respondent
| Table of Content |
|---|
| 1. parties entered into a settlement regarding tenancy. (Para 2 , 3) |
| 2. court's acceptance and enforcement of the settlement. (Para 4 , 5 , 6 , 7 , 8) |
| 3. final order disposing of the appeals. (Para 9) |
ORDER :
1. Leave granted.
2. Challenging the order dated 11.10.2023 passed by the High Court of Delhi in CM Appl. No. 46165 of 2022 in R.C.(Rev.) No.123 of 2022 filed by the respondents (landlord) seeking fixation of user and occupation charges of the demised premises bearing No. G-18-A, South Extension Market, Part-I, New Delhi, and order dated 20.10.2023 dismissing CM Appl. No. 55351 of 2023 in R.C.(Rev.) No.123 of 2022 filed by the appellant (tenant) for modification of order dated 11.10.2023, the present appeals have been preferred.
3. During the pendency, several directions were issued with respect to the deposit of interim occupational charges as fixed by this Court. Later, on good sense having prevailed, the parties have entered into an amicable settlement on 23.04.2025 by way of a settlement deed to resolve the dispute in its entirety. As per the settlement deed, appellant has agreed to vacate the demised premises and handover the peaceful possession to respondents a
The tenant must compensate the landlords for the loss occasioned by the stay granted by the Court on the execution of the eviction order, and the best indicator for fixing the compensation payable by....
The court emphasized the necessity of fixing user and occupation charges that reflect fair market rent as a reasonable compensation for landlords during the pendency of eviction appeals.
The court emphasized the importance of the petitioner's undertaking to vacate the premises and the conditions for staying the execution of the eviction order.
The tenant must compensate the landlord for the loss suffered due to the delay in execution of the eviction order, and the use and occupation charges need not be the same as the contractual rate of r....
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