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IN THE HIGH COURT OF DELHI AT NEW DELHI
Rajiv Shakdher, Amit Bansal, JJ.
Sh. Nitin Jain - Appellant
Versus
Sh. Nitin Sharma - Respondent
RFA(COMM) 49 of 2024
Decided On : 12-02-2024
Court Order - Property Dispute - The court ordered the appellant to vacate the subject property by a specified date and pay arrears towards rent, occupation charges, and execute an undertaking.
Fact of the Case:
The appellant and respondent were physically present in court. After arguments, the parties agreed to vacate the property and settle arrears based on specified terms and conditions.
Finding of the Court:
The court disposed of the appeal based on the agreed terms and conditions, ordering the appellant to vacate the property, pay arrears, and file an undertaking.
Issues:
Ratio Decidendi: The court's decision was influenced by the agreement reached between the parties, leading to the disposal of the appeal and modification of the impugned judgment and decree.
Final Decision: The appeal was disposed of based on the agreed terms and conditions, and the parties were instructed to act based on the digitally signed copy of the order.
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
Rajiv Shakdher, J. (Oral)
CM Appl.8400/2024
1. Allowed, subject to just exceptions.
RFA(COMM) 49/2024 & CM Appl.8399/2024
2. This appeal is directed against the judgment and decree dated 28.11.2023.
3. We have heard Mr Amit Gupta, learned counsel, who appears on behalf of the appellant, at some length.
3.1. We have also heard the learned counsel for the respondent i.e. Mr Karandeep Singh Rekhi.
4. To be noted, the appellant and the respondent are also physically present in the court.
5. Counsel for the parties, after some arguments, on the instructions of their respective clients, agree that the appeal can be finally disposed of based on the following terms and conditions:
(i) The subject property will be vacated by the appellant on or before 30.11.2024.
(ii) 50% of the arrears towards rent commencing from August 2022 will be paid at the rate of Rs.75,000/- per month, on or before 31.03.2024.
(iii) Remaining amount i.e., balance 50% of the rent will be paid at the rate given above, i.e., Rs.75,000/- per month, on or before 30.04.2024.
(iv) Insofar as occupation charges for the current month i.e., February 2024 is concerned, the same will be paid within one week i.e., on or before 19.02.2024. Occupation charges for the current month will run at the rate of Rs.75,000/- per month.
(v) The execution petition i.e. Ex. Pet.24/2024, instituted by the respondent shall stand closed.
(vi) The impugned judgment and decree is modified to the aforesaid extent.
(vii) The appellant will file an undertaking with this Court by way of an affidavit, which would inter alia state that he will abide by the terms and conditions stipulated hereinabove.
6. The appeal is disposed of in the aforesaid terms.
7. Parties will act based on the digitally signed copy of the order.
The court's decision was based on the agreement between the parties and the modification of the impugned judgment and decree.
Failure to comply with undertakings in contempt proceedings can lead to dismissal of appeal.
Enforcement of amicable settlements in tenant-landlord disputes and the consequences of non-compliance with settlement terms.
The court emphasized the importance of adhering to the unequivocal directions given in a decree and highlighted the right of the Appellant Bank to seek adjustment of the advance rent deposit against ....
Enforcement of payment agreement and withdrawal of suit based on mutual agreement.
Tenants must compensate landlords for use and occupation of premises at market rates post-eviction decree, irrespective of prior contractual agreements.
Tenants must pay occupational charges at market rates post-eviction decree, regardless of previous rental agreements, ensuring landlords are compensated for loss of property use.
The court underscored that protection against harassment for vulnerable parties is paramount while allowing terms for possession and rent payment.
The court emphasized the necessity for fresh hearings by the lower court when substantial claims are contested without supporting evidence.
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