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IN THE HIGH COURT OF DELHI AT NEW DELHI
Tushar Rao Gedela, J.
Sunita Kumar – Appellant
Versus
Anju Sharma – Respondent
CM(M) 825 of 2022
Decided On : 05-04-2023
Rent Arrears - Payment Agreement - The court set aside the impugned order and directed the respondent to make the payment of arrears at a specified rate by a certain date, leading to the withdrawal of the suit by the petitioner.
Fact of the Case:
The respondent agreed to pay the arrears of rent at a specified rate from November 2020 to March 2023, and the petitioner agreed to accept such payment.
Finding of the Court:
The court set aside the impugned order and directed the respondent to make the specified payment by a certain date, leading to the withdrawal of the suit by the petitioner.
Issues: Agreement on rent arrears payment and withdrawal of the suit.
Ratio Decidendi: The court's decision was influenced by the agreement between the parties regarding the payment of rent arrears and the withdrawal of the suit.
Final Decision: The impugned order was set aside, and the respondent was directed to make the specified payment by a certain date, leading to the withdrawal of the suit by the petitioner.
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
1. Mr. Deepak Grover, learned counsel appearing for the respondent submits that the respondent is willing to pay the arrears of rent @ Rs.12,500/- w.e.f. November 2020 to March 2023. Mr. Tarun Sharma, learned counsel for the petitioner submits that the petitioner would be agreeable to accepting such payment.
2. Accordingly, learned counsel for the parties jointly submit that the matter is listed before the learned Executing Court on 14.04.2023 where the formalities in respect of such payment would be made.
3. In view of the aforesaid, Mr. Grover, learned counsel for the respondent has no objection in case the impugned order is set aside.
4. In view of the aforesaid submissions, the impugned order dated 28.05.2022 is set aside and the respondent is directed to make the payment @ Rs.12,500/- on or before 14.04.2023 for arrears w.e.f. November 2020 through till March 2023, both months inclusive.
5. Mr. Sharma, learned counsel for the petitioner submits that in view of the aforesaid submissions of respondent, once the payment is made, Mr. Sharma would also withdraw the suit, subject to instructions.
6. Mr. Grover, learned counsel seeks and is granted three days' time to file his Vakalatnama on record.
7. With the aforesaid terms, the petition is disposed of with no order as to costs.
Enforcement of payment agreement and withdrawal of suit based on mutual agreement.
The legal requirements for proving rent payment and depositing rent and interest under U.P. Act No. 13 of 1972 and Order XV Rule 5 C.P.C. must be strictly complied with by tenants in rent disputes.
Failure to comply with a court-ordered deposit schedule and repayment undertaking regarding rent arrears justifies the immediate vacation of an interim stay order granted in a revision proceeding.
Court confirms conditional order setting aside ex-parte decree upon payment of rent arrears, dismissing revision petitions.
The Court may allow a tenant to deposit overdue rent under satisfactory circumstances while granting a stay on eviction orders.
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