20. * IN THE HIGH COURT OF DELHI AT NEW DELHI RC.REV.46/2OtO SATNAM ANAND & ANR ..... Petitioners Through: Mr. S.K.Duggal and Mr. B.R. Kaushik, Advocates with Mr.Tarun Anand, petitioner No.2 in person. VETSUS GURBACHAN SINGH ..... ResPondent Through: Mr. N.K. Sharma, Advocate CORAM: HON'BLE MS. JUSTICE HIMA KOHLI ORDER 20.0s.2010 Vide order dated 19.05.2Ot0, the matter was renotified for today as the counsel for the petitioners had stated on instructions from his clients that he would bring an amount of Rs.46,t70/- in Court on account of outstanding rent for the period with effect from the year 1991 to September, 2005, as per his own calculation set out in his application for deposit of money filed before the Additional Rent Controller on 27.09.2005. A statement was also made on behalf of the petitioners that they will bring the arrears of rent @ Rs.270/- per month for the period of three years, if reckoned from February, 2007. Pertinently, on the very first date of hearing, i.Q,, 26.02.20L0, limited notice on the aspect of further time beyond the time granted RC.REV.46/2070 Page 7 of 3 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 @ e t/v by the Additional Rent Controller to the petitioners/tenants in th impugned order dated 03.02.2010, was issued to the other side. The respondent entered appearance on 25.03.2010, on which date, he submitted that the petitioners had not paid the rent for the past 16 years and that a sum of Rs.5L,570/- was due as on date. Counsel for the petitioners, however, disputed the aforesaid position and claimed that they had already deposited the rent before the trial court. The matter was renotified for 19.05.2010, to enable the petitioners to produce all the details of payment on the said date. On 19.05.2010, as noticed hereinabove, Mr. B.R. Kaushik, counsel for the petitioners stated on instructions from his client, that he was willing to bring the money in Court today and hand over the same to the respondent. Besides, the petitioners also stated that they would bring with them, the payment on account of arrears of rent @ Rs.27O/- per month, for a period of three years, reckoned from February, 2007 onwards. Today, two counsels seek to represent the petitioners, namely, Mr.B.R.Kaushik, Advocate, who appeared for the petitioners in the matter yesterday, and Mr.S.K.Duggal, the counsel, who filed the petition 'and appeared on behalf of the petitioners on the very first date, and in whose presence, limited notice to show cause was issued in the petition. They state that the petitioners are unable to arrange RC.REV.46/2070 Page 2 of 3 ' the funds. Counsel for the respondent opposes such a request and further states that in view of the failure on the part of the petitioners to pay the arrears of rent, his client cannot be called upon to concede to the request of the petitioners for grant of further time to vacate the suit premises. At this stage, the petitioners seek liberty to withdraw the present petition. Looking at the conduct of the petitioners, this Court is not inclined to permit the petitioners to withdraw the present petition. Rather, the petition ought to be dismissed. The petitioners cannot expect that grace be shown to them by the respondent/landlord by agreeing to extend the time to vacate the suit premises, when they have remained gross defaulters themselves for the past several years, and that too, for a paltry rent of Rs.270/- per month. It has already been noted in the order dated 26.02.2010 that the Court was not inclined to issue notice in the petition on merits, as the impugned order was found to be in accordance with law. / In these circumstances, there is no good reason for insisting that the respondent/landlord defer the execution of the decree passed, in respect of the tenanted premises, for any period beyond the time already granted in the impugned order. The petition is dismissed. MAY 20, 2010/rkb RC.REV.46/2070 HIMA KOH LI,J Page 3 of 3