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IN THE HIGH COURT OF DELHI AT NEW DELHI
Tara Vitasta Ganju, J.
Mohd. Sattar Through Lrs. - Appellant
Versus
Mohd. Ashfaq & Ors. - Respondents
RC.REV. 329 of 2023, CM APPLs. 59967 of 2023, 59969-70 of 2023
Decided On : 13-12-2023
Undertaking - Tenant-Landlord Dispute - The court ordered the tenants to vacate the premises by a specified date and pay user charges to the landlord, along with other conditions, as part of an amicable settlement reached between the parties.
Fact of the Case:
The parties reached an amicable settlement where the tenants agreed to vacate the premises by a specified date and pay user charges to the landlord.
Finding of the Court:
The court ordered the tenants to file an Undertaking within three weeks, specifying the terms of the settlement, and granted interim protection subject to the filing of the Undertaking.
Issues: Enforcement of the amicable settlement, compliance with the terms of the settlement, and potential consequences of default by the tenants.
Ratio Decidendi: The court emphasized the importance of compliance with the terms of the settlement and outlined the consequences of default by the tenants, including the dissolution of interim protection and the landlord's right to take legal steps for recovery of possession and use and occupation charges.
Final Decision: The petition was disposed of, and the parties were directed to act based on the digitally signed copy of the order, with a compliance date set for the future.
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 handed over to the Respondent/landlord shall be paid by the Petitioners/tenant on or before 7th day of each calendar month;
(v) The Petitioners/tenant undertakes and confirms that the entire demised Premises are under their occupation and control;
(vi) The Petitioners/tenant will pay all the utility bills such as electricity and water and any other dues, for the demised Premises till the date of handing over of the vacant, physical and peaceful possession thereof;
(vii) The Petitioners/tenant undertakes that they will not create any third party rights or part with possession of the demised Premises and that they shall not damage the demised Premises in any manner whatsoever prior to its vacation;
(viii) The Petitioners/tenant shall remain bound by the aforesaid Undertaking.
4. An advance copy of the Undertaking shall be served on the Respondent/landlord.
5. All payments shall be made into the bank account of the Respondents/landlord. The details of the bank account shall be provided by the learned Counsel for the Respondents/landlord to the learned Counsel for the Petitioners/tenant on his email address within one week.
6. Subject to the Petitioners/tenant filing the aforesaid Undertaking before this Court within three weeks from today, execution of order dated 29.04.2023 shall remain stayed.
7. In the event that the Petitioners/tenants defaults in complying with the terms of the Undertaking filed, the interim protection granted hereinabove shall automatically stand dissolved and the Respondents/landlord will be at liberty to take appropriate steps as per law for recovery of possession and take appropriate steps to recover use and occupation charges from the Petitioner/tenant.
8. The Petition is accordingly disposed of. All pending applications shall stand closed.
9. List for compliance on 17.01.2024.
10. Parties shall act based on the digitally signed copy of the order.
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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