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RAJIV SHAKDHER, AMIT BANSAL
Nitin Jain – Appellant
Versus
Nitin Sharma – Respondent
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 wil
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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