RFA No. 176/2008 Page 1 of 4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA No. 176/2008 Date of Decision: 13th May, 2008 # RAJENDER KUMAR GOEL ..... Appellant ! Through: Mr. Pradeep Kumar Arya with Mr.Narinder Choudhary and Mr. Kamal Chabra, Advocates versus $ PARKASH CHAND ..... Respondent Through: Mr. Rajiv Talwar with Mr. Tarun Rana, Advocates % CORAM: HON'BLE MR. JUSTICE T. S. THAKUR HON'BLE MR. JUSTICE SIDDHARTH MRIDUL 1. Whether reporters of local papers may be allowed to see the judgment? Not necessary 2. To be referred to the Reporter or not? Not necessary 3. Whether the judgment should be reported in the Digest? Not necessary J U D G M E N T Per Thakur, J(oral) CM No. 6390/2008 (For Exemption) Heard. Allowed, subject to all just exceptions. The application is disposed of. RFA No. 176/2008 This appeal arises out of a judgment and decree passed by the Court of Additional District Judge, Delhi whereby Suit No. 173/2007 for RFA No. 176/2008 Page 2 of 4 possession of premises No.19/5 Shakti Nagar, Delhi has been decreed in favour of the plaintiff/respondent. When the appeal appeared before us on 8th may, 2008 learned counsel for the appellant after arguing the matter at some length submitted that the appellant was ready to vacate the premises in his occupation provided he is given 1½ years’ time to do so. Learned counsel for the respondent was not, however, agreeable to the grant of only six months’ time to the appellant that too upon payment of the arrears of compensation for use and occupation as also future payments on that account. Since, we saw an element of a settlement in the appeal, we directed the parties to remain present in persons today. The appellant has not, however, appeared despite that direction. Mr. Arya, counsel appearing for him submits that the appellant is indisposed and is, therefore, unable to appear in person. He, however, has made a statement which we have separately recorded, in which, Mr. Arya has on the instructions of the appellant expressed his readiness to vacate the premises in his occupation by the 31st May, 2009. Mr. Arya submits that the judgment and decree passed by the Trial Court could be upheld and the appellant may be given time till 31st May, 2009 to vacate the premises. The respondent, who is also present in person, has also made a statement separately recorded by us, in which, he has agreed to the grant of one year’s time provided the appellant pays compensation of Rs.4,500/- per month for the period commencing from 1st May, 2008 till 31st May, RFA No. 176/2008 Page 3 of 4 2009 which payment would remain subject to any enhancement that the Trial Court may grant in the proceedings pending before it. The respondent also insists on the appellant filing an undertaking in this court to the effect that he shall vacate the premises on his own on or before 31st May, 2009 without putting to the respondent trouble in executing the decree. In the circumstances, therefore, there is no need for us to examine the contentions that were sought to be urged by the appellant in the present appeal, no matter the said contentions were limited to the legality of the notice issued by the respondent. Be that as it may, since the appellant is agreeable to the judgment and decree impugned in the appeal being upheld and his prayer is limited only to the grant of time to vacate the premises, it is unnecessary for us to examine the question of validity of the notice. We, accordingly, affirm the judgment and decree under challenge and grant one year’s time ending 31st May, 2009 to the appellant to vacate the premises subject to the following conditions:- (1) The appellant files in this Court an undertaking to the effect that he shall vacate the entire suit premises comprising 3rd and 4th floor of the building, in question, voluntarily and without any later hindrance on or before the 31st May, 2009. The undertaking shall be filed within four weeks from today. (2) The appellant pays on a regular basis Rs.4,500/- per month towards compensation for use and occupation of the premises in question, commencing from 1st May, 2008 till 31st May, 2009 or any earlier date RFA No. 176/2008 Page 4 of 4 when the premises is vacated. The payment shall be made by the 10th of every succeeding calendar month by making a deposit in the Trial Court. The Trial Court shall disburse the payment to the respondent on an application filed in that regard. Default in payment by the appellant, shall render the decree passed by the Trial Court affirmed by this Court executable forthwith. A copy of the order be given dasti to both the parties. T.S. THAKUR, J. SIDDHARTH MRIDUL, J. MAY 13, 2008 ns