IMPORTANT POINT
Enforcement of tenant's Undertaking for vacating premises and paying use and occupation charges.

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 Respondents/landlord confirm that this is acceptable to the Respondents/landlord.

4.1. Subject to payment of the aforegoing amount, learned Counsel for the Respondents/landlord further submits that the Respondents agree to waive all claims for use and occupation of the demised premises.

5. In view of the aforegoing, the Petitioner/tenant shall within one week file an Affidavit of Undertaking that:

(i) The Petitioner/tenant shall hand over the physical possession of the demised premises, on or before 31.12.2024;

(ii) The use and occupation charges at the rate of Rs.25,000/- per month for the months of November and December 2023, shall be paid by the Petitioner/tenant on or before 25.12.2023.

(iii) The use and occupation charges at the rate of Rs.25,000/- per month from 01.01.2024 onwards till the date the demised premises is vacated, shall be paid by the Petitioner/tenant on or before 7th day of each calendar month;

(iv) The Petitioner/tenant undertakes and confirms that the entire demised premises is under his occupation and control;

(v) The Petitioner/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;

(vi) The Petitioner/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;

(vii) The Petitioner/tenant shall remain bound by the aforesaid Undertaking.

6. An advance copy of the Undertaking shall be served on the Respondents/landlord.

7. 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 Petitioner/tenant on his email address within three days.

8. Subject to the Petitioner/tenant filing the aforesaid Undertaking before this Court within one week from today, the execution of order dated 25.05.2023 shall remain stayed.

9. In the event that the Petitioner/tenant 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.

10. The Petition is accordingly disposed of. All pending applications shall stand closed.

11. List for compliance on 21.12.2023.

12. Parties shall act based on the digitally signed copy of the order.