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TARA VITASTA GANJU
Mohd. Sattar Through Lrs. – Appellant
Versus
Mohd. Ashfaq – Respondent
JUDGMENT
[Physical Hearing/Hybrid Hearing]
Tara Vitasta Ganju, J. (Oral)
1. Both Respondent No. 1 and the LR(e) of the Petitioner are present in person in Court today.
2. Learned Counsel for the parties submit that the parties have reached an amicable settlement, whereby the Petitioners have agreed to vacate the premises on or before 30.04.2025 and to pay the Respondents/landlord user charges in the sum of Rs. 5,000/- per month from 01.11.2023 onwards.
3. In view thereof, let an Undertaking by way of an Affidavit be filed by all the Petitioners/tenant within three weeks, stating as follows:
(i) The vacant, physical and peaceful possession of the demised premises will be handed over by the Petitioners/tenant to the Respondents/landlord on or before 30.04.2025;
(ii) The use and occupation charges from 01.11.2023 to 30.04.2025 shall be paid by the Petitioners/tenant at the rate of Rs. 5,000/- per month.
(iii) The use and occupation charges at the rate of Rs. 5,000/- for November and December shall be paid by the Petitioner/tenant on or before 22.12.2023.
(iv) The use and occupation charges at the rate of Rs. 5,000/- per month from 01.01.2024 onwards till the vacant physical possession is hande
Enforcement of amicable settlements in tenant-landlord disputes and the consequences of non-compliance with settlement terms.
Enforcement of tenant's Undertaking for vacating premises and paying use and occupation charges.
The court has the discretion to grant additional time for the tenant to vacate the premises and may waive claims for use and occupation charges based on the parties' agreement.
The determination of use and occupation charges and the extent of occupation by the tenant are crucial in landlord-tenant disputes.
The court's decision was based on the agreed directions presented by the parties' counsels, highlighting the importance of mutual agreement in disposing of the appeal.
The court's decision was based on the agreement between the parties and the modification of the impugned judgment and decree.
The main legal point established in the judgment is the significance of lease deeds, property location, and market rent in determining use and occupation charges, and the requirement of timely paymen....
The court upheld the eviction order while allowing the petitioners time to vacate, contingent on their undertaking to comply with payment obligations.
Court grants tenants time to vacate upon undertaking to pay rent and deliver possession without subletting.
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