TARA VITASTA GANJU
Chhanga Mal Gupta – Appellant
Versus
Pradeep Arora – Respondent
JUDGMENT
Tara Vitasta Ganju, J. (Oral) - The present Revision Petition has been filed by the Petitioner/tenant impugning the order dated 25.05.2023 [hereinafter referred to as "Impugned Order"] passed by the learned ACJ-cum-CCJ-cum-ARC-North, Rohini Courts, Delhi with respect to the premises i.e., one room with a wooden loft (parchhati), an open bath room, one small coal store and a platform with bhaties having one tin shed over it behind shops at the ground floor of property bearing No. H-4/7, Model Town II, Delhi-110009 [hereinafter referred to as the `demised premises'], wherein the Leave to Defend/Contest Application of the Petitioner/tenant was dismissed.
2. Learned Counsel for the parties submit that the parties have reached an amicable settlement in the matters and the Petitioner/tenant shall vacate the demised premises on or before 31.12.2024.
3. Learned Counsel for the Petitioner/tenant submits on instructions from Petitioner that during this interregnum period, the Petitioner/tenant will make payment of use and occupation charges in the sum of Rs.25,000/- per month to the Respondents/landlord.
4. Learned Counsel for the Respondents/landlord, on instructions, from the Responde
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.
Enforcement of amicable settlements in tenant-landlord disputes and the consequences of non-compliance with settlement terms.
The determination of use and occupation charges and the extent of occupation by the tenant are crucial in landlord-tenant disputes.
The court upheld the validity of a compromise agreement between a tenant and landlord, establishing enforceable terms for possession and occupation charges, highlighting the significance of mutual co....
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....
Court grants tenants time to vacate upon undertaking to pay rent and deliver possession without subletting.
The main legal point established in the judgment is that the tenant is required to pay the use and occupation charges at market rate till the final disposal of the petition, as per the legal principl....
The determination of user and occupation charges is based on the area, condition, and location of the demised premises, and the court has the authority to provide specific directions for payment.
The main legal point established is the requirement for a tenant to pay use and occupation charges at the market rate of similar premises till the final disposal of the petition, considering the fact....
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