1r . 20 \,Y * IN THE HIGH COURT OF DELHI AT NEW DELHI -I + RC.REV. 49/20rc & CMs No,4123- 24/2OIO RAJINDER SINGH Through : Mr. v.K. sharma, A;;.' Petitioner petitioner in person. VCTSUS DAYAL SINGH rh_^,.^L . rr. ... Respondents Through : Mr. Sunil Kapoor, Ajv. with respondent in person. . CORAM: HON'BLE MS. JUSTICE HIMA KOHLI o/^ 'RDER +. "/o 27 'o4.2oro Notice in the present petition was issued, vide order dated . 5'3'2010, limited to the request of the petitioner for extension of time upto 3I.I2.2010 to vacate the suit premises. Appearance is entered by the counsel for the respondent, who states on instructions from his client, who is present in the Court, that he has no objection to the aforesaid request, subject to the petitioner paying enhanced rent @ Rs.2,750/-, w.e.f., 01 .3.2010 till the vacant ) peaceful possession of the suit premises is handed over by the petitioner, which condition is acceptable to the petitioner. RC.REV.48/2O7O Page 7 of 4 a.\ 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 ( (i) ( ii) Accordingly, with the consent of the parties, the present revision petition is disposed of on the following terms: The petitioner shall remain in possession of the tenanted premises till 31't December, 2010, and immediately thereafter, he shall handover vacant, peaceful, physical possession thereof to the respondent. Parties agree that w.e.f. 01.03.2010, the petitioner shall pay monthly rent @ Rs.2,750/- to the respondent payable on or before the 7th day of each calendar month, till the vacant peaceful possession of the suit premises is handed over to the respondent. The petitioner submits that he has paid rent @ Rs.2,500/- per month upto 28th February, 2O!0, and it is agreed that the arrears of rent for the months of March and April,2010 @Rs.2,750l- shall be tendered by the petitioner to the respondent, through counsel, within four weeks. RC.REV. 48/2O7O Page 2 of 4 1 (iii) { /(o (iv) The petitioner shall continue to clear the electricity and water bills of the tenanted premises by paying the same directly to the concerned authorities and shall furnish a 'No Dues Certificate'to the respondent 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 and shall not carry any addition or alteration therein during the duration of his stay. a (vi) In.case, the respondent expires before 3l't December, 20t0, petitioner shall handover vacant peaceful 'possession of tenanted premises to his legal heirs, without any demur. Counsels for the parties have explained the aforesaid orders in vernacufar to their respective parties, who are present in the Court. The parties agree to remain bound by the terms and conditions of the settlement and in token of their acceptance, they shall affix their signatures in the margin of the order sheet along with that of their counsels, once it is typed out. The petitioner agrees to 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. RC.REV. 48/2O7O Page 3 of 4 the the In case, the aforesaid undertaking within the stipulated time' the Registry the Court immediatelY' Thepartiesa|ongwiththeircounselsshallappearintheCourtat 2.30 PM to sign the order sheet' APRIL 27 , zOtO HIMA KOHLI,] sk It is 4.25 pM now, the petitioner is refusing to sign the order sheet. He says that his counsel is unavailable' It is most unfortunate that while the petitioner is backing off from the agreement recorded above, his counsel has not even cared to appear. .In this view of the matter and having regard to the fact that notice in the present petition was issued limited to the purposes of granting the petitioner additional time upto 3t'L2'2010 to vacate the suit premises, this Court has no option but to dismiss the petition' Accordingly, the present petition is dismissed along with the pending applications. is not filed bY shall Place the the Petitioner matter before I <sd APRIL 27, 2OTO sk C.REV.48/2O7O HIMA KOHLI,J Page 4 of 4