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RAJIV SHAKDHER, AMIT BANSAL
Prashant Nagpal – Appellant
Versus
Arti Gupta – Respondent
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
Rajiv Shakdher, J. (Oral)
1. This appeal is directed against the judgment and decree dated 20.12.2023.
2. We have heard learned counsel for the parties.
3. Learned counsel for the parties have taken instructions from their respective clients.
4. Learned counsel for the parties submit that the appeal can be disposed of based on the following agreed directions:
(i) The appellant will vacate and hand over the peaceful possession of the suit property on or before 30.06.2024.
(ii) The appellant will pay the occupation charges at the rate of Rs.75,000/- per month beginning with February 2024. The occupation charges for February 2024 will be paid on or before 28.02.2024. Insofar as the remaining months are concerned, the occupation charges will be paid on or before the 7th (seventh) day of the month.
(iii) The suit number, i.e., CS(OS) No. 534/2018 shall stand disposed of.
(iv) Upon vacating the property and paying the occupation charges, as indicated above, all proceedings between the appellant and respondent nos.1 and 2 shall stand terminated/withdrawn. Respondent nos.1 and 2 will cooperate with the appellant in this behalf.
(v) The appel
The court's decision was based on the agreement between the parties and the modification of the impugned judgment and decree.
Enforcement of amicable settlements in tenant-landlord disputes and the consequences of non-compliance with settlement terms.
The court upheld the restriction on creating third party rights on the property and directed the appellant to deposit monthly use and occupation charges.
The court emphasized the necessity for fresh hearings by the lower court when substantial claims are contested without supporting evidence.
An appellant, initially a tenant, can assert ownership rights upon proving full payment; however, restrictions on property actions must remain until the suit's resolution, while financial obligations....
The court granting extension for vacating property while imposing conditions for payment of use and occupation charges demonstrates judicial discretion in matters of eviction.
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