9 5. x 'i IN THE HIGH COURT OF DELHI AT NEW DELHI RC.REV. 37/2010 and CM 2783/20t0 AK MIDHA .... Petitioner Through: Mr. Ravinder Sethi, Sr. Advocate with Mr. Rajan Sabharwal, Advocate alongwith petitioner in person. VETSUS URMILA KOCHHAR @ URMILA DEVI ..... Respondent Through: Mr. Girish Aggarwal, Advocate with respondent in person. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI ORDER o/o 29.04.2010 The present petition is directed against an order dated 06.11.2009 passed by the Additional Rent Controller, dismissing the leave to defend application of the petitioner/tenant in respect of one shop measuring 7' 9" x I0' 3" situated in the premises bearing No.B-41 & 42, Double Storey, Ramesh Nagar, New Delhi, while simultaneously passing an eviction order in favour of the respondent/landlady. The matter is still at the stage of admission. Counsel for the petitioner/tenant has been heard at length but he is unable to satisfy the Court that the impugned order is not in accordance with law. RC.REV.37/2070 Page 7 of 4 l t,,- Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified iY \ Detailed reasons therefor are, however, not being furnished as, in the course of arguments, the parties, who are present in Court, have arrived at a settlement. Counsel for the petitioner/tenant, on instructions from his client, confines the present petition only to the relief of grant of reasonable time of 24 months beyond the time granted by the Additional Rent Controller, to vacate the tenanted premises. It is stated on behalf of the petitioner that the aforesaid time would be required by the petitioner to relocate from the premises in question. The petitioner withdraws the challenge laid to the impugned order and states that the he shall be bound by the same and shall not challenge it in future. It is further stated that for the period of 24 months w.e.f. 07.05.2010, the petitioner shall pay the respondent/landlady rent @ Rs.2,OOO/- per month, and the arrears of rent for a period of 15 months, payable @ Rs.432/- per month, shall be cleared by the petitioner within two weeks. Accordingly, with the consent of the parties, the present petition is disposed of on the following terms: (i) The petitioner shall remain in possession of the tenanted premises till 6th May, 20L2, and immediately thereafter, he shall hand over vacant, peaceful, physical possession thereof to the respondent/landlady. RC.REV. 37/2070 Page 2 of 4 + .j (ii) Parties agree that w.e.f. 07.05.2010, the petitioner shall pay rent @ Rs.2,000/- per month to the respondent on or before the 7tn day of each calendar month, till vacant peaceful possession of the tenanted premises is handed over to the respondent/landlady. (iii) The petitioner states that the arrears of rent for the period of 15 months payable @ Rs.432l- shall be cleared by him within two weeks by paying the same to the respondent through counsel. (iv) The petitioner shall continue to clear the water and electricity bills of the tenanted premises by paying the same directly to the concerned authorities and shall furnish a 'No Dues Certificate'to the respondent/landlady at the time of handing over vacant peaceful possession of the tenanted premises. (v) The petitioner shall not create any third party interest in the tenanted property during the duration of his stay and nor shall carry out any addition or alteration therein. (vi) In case, the respondent/landlady expires before 6th May, 2012, the petitioner shall hand over vacant peaceful possession of the tenanted premises to her legal heirs, without any demur. RC.REV. 37/2070 Page 3 of 4 i J P The petitioner shall file an undertaking to the Court within one week specifically including therein the aforesaid terms and conditions of settlement, with a copy to the other side. In case, the aforesaid undertaking is not filed by the petitioner within the stipulated time, the Registry shall place the matter before the Court forthwith. The aforesaid terms and conditions of the settlement have been read over and explained by the respective counsels to their clients, who are present in the Court. The parties agree to remain bound by the aforesaid terms and conditions of the settlement and in token of their acceptance, they have affixed their signatures in the margin of the order sheet along with that of their counsels. The petition is disposed of alongwith the pending application. DASTI to the parties. APRIL 29, ZOLO HIMA KOHLI,J (./','{ voc-rnK*.-- -- f--{^ .) *r^ 2rc z'oul l" t*A-+bu, f h p./yh/t ) (- -0 -/ -/