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IN THE HIGH COURT OF DELHI AT NEW DELHI
Rajiv Shakdher, Amit Bansal, JJ.
Prashant Nagpal - Appellant
Versus
Arti Gupta & Ors. - Respondents
RFA(OS) 5 of 2024 & CM No.7205 of 2024
Decided On : 12-02-2024
Agreed Directions - Disposal of Appeal - The court heard the parties' counsel and based on their agreed directions, disposed of the appeal with specific conditions regarding vacation of property and payment of occupation charges.
Fact of the Case:
The appeal is directed against a judgment and decree dated 20.12.2023. The parties' counsels have taken instructions from their respective clients and agreed on specific directions for disposal of the appeal.
Finding of the Court:
The court disposed of the appeal based on the agreed directions provided by the parties' counsels, which included conditions for vacation of the property and payment of occupation charges.
Issues:
Ratio Decidendi: The court's decision was influenced by the agreed directions presented by the parties' counsels, which formed the basis for the disposal of the appeal.
Final Decision: The appeal is disposed of based on the agreed directions, with specific conditions for vacation of the property and payment of occupation charges.
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charges, as indicated above, all proceedings between the appellant and respondent nos.1 and 2 shall stand terminated/withdrawn.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 appellant will file an undertaking by way of an affidavit within the next five (5) days. The affidavit will, inter alia, indicate that the appellant will abide by the aforementioned terms and conditions. A copy of the affidavit will be furnished to learned counsel for respondent nos.1 and 2.
5. The appeal is disposed of in the aforesaid terms.
6. Consequently, the pending interlocutory application shall stand closed.
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.
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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