i' i_ l'i+ 28. * IN THE HIGFI COURT OF DELHI AT NEW DELHI + RC.REV. 5B/2OIO and CMs LO2OO/2010 and 4703-04/2OLO VIMLA JAIN ..... Petitioner Through: Mr. Rakesh Khanna, Sr. Adv. with Mr. Vikas Agarwal, Ms.Shailija Sinha and Ms.Seema Rao, Advocates alongwith petitioner in person. VCTSUS GAYATRI DEVI VASHISTHA ..... Respondent Through: Mr. Abhay Kumar and Mr.Tenzing Tsering, Advocates alongwith Mr. Subhash Vashistha and Mr. Satish Sagar, sonF of the respondent in person. MS. JUSTICE HIMA KOHLI ORDER 28.0s.2010 CORAM: HON'BLE o/o lr. Though the main petition is listed on L3.07.2010, at the joint request of the counseis for the parties, the same is taken up for l'rearing tcciay. The present petition is filed Uy the petitioner praying inter alia for setting aside the order dated 10.09.2009 passed by the Additional Rent Controller, allowing the eviction petition preferred by the respondent/landlord under Section 1 (1)(e) of the Delhi Rent Control Act, in respect of first floor of residential premises bearing No.C-29, Gulmohar Park, New Delhi. RC.REV. 58/207(, Page 7 of 5 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 it counsel for the petitioner/tenant has been heard at length and he is unable to satisfy the court that the impugned order is not in accordance with law. Detailed reasons therefor are, however' not being fuinished dS, in the course of arguments, counsel for th9 petitioner/tenant, on instructions from his client, confines the present petition only to the relief of grant of further time upto the end of March, 2011 to vacate the suit premises. He states that the petitioner/t:nant withdraws the challenge laid to the impugned order and states that the petitioner/tenant shall be bound by the same and shall not challenge it in future. The aforesaid request made on behalf of the petitioner is accepted by the respondent, subject to the condition that for the extended period of stay, i.e., w.e.f. 09.03.2010 till 31.03.2011, the petitioner/tenant be called upon to pay rent/danrages at an.enhanced rate. The parties have interacted with each other and it is agreed that for the aforesaid period, the petitioner/tenant shall pay rent/damages @ Rs.3,500/- per month to the resopndent. Accordingly, with the consent of the parties, the present petition is'disposed of on the following terms: RC.REV. s8/2O7O Page 2 of 5 ta J (i) The petitioner shall remain in possession of the tenanted premises till 31't March, 2011, and immediately thereafter, he shall hand over vacant peaceful physical possession thereof to the respondent. (ii) The parties agree that the petitioner/tenant shall pay monthly rent/damages @ Rs.3,500/- to the respondent/landlord, which shall be paid on or before the 7th day of each calendar month, till the vacant peaceful possession of the tenanted premises is handed over to the resndent (iii) Counsel fo, ' the petitioner/tenant states that the petitioner/tenant shall clear the arrears of rent/damages for the months of April and May, 2OIO @ Rs.3,500/- within a period of r two weeks from today by paying the same directly to the respondent/landlord. (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. RC.REV. s8/2070 Page 3 of 5 J -) (v) The petitioner shall not create any third party interest in the tenanted property and nor shall he make any addition or alteration therein during the duration of his stay. (vi) In case, the respondent expires before 31't March, 2011, the petitioner shall hand over vacant peaceful possession of the tenanted premises to his legal heirs, without any demur. ' The petitioner shall file an undertaking to this 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 petitioner and the two sons of the respondent are present in Court. Counsels for the parties have explained to their respective clients the orders passed today in vernacular and in confirmation thereof, they have affixed their signatures inlhe margin of the order- sheet alongwith that of their counsels. The parties shall remain bound by the aforesaid terms and conditions of the settlement. RC.REV. s8/2070 Page 4 of 5 .l In view of the aforesaid settlement arrived at between the parties, no further orders are required to be passed in the present petition. The same is disposed of, alongwith the pending application. The date already fixed, i.e., 13.07.2010 stands cancelled, DASTI to the parties. V o'+-\ t#**L* HIMA KOHLI,J (t' V.a"r''W- JB '5'&ot o Csubtt-Asht V[ st sP arr+ ) GW*1 H,Tct p'4 T|te eryeA,t) lc{r^frh w^U^p*r3;ffiU- t^ M; cE-,+ ",h t^U 39x*-(:r^<' al4 "c,*i*I qcnt *) n $ A'1/ fu Va @246'vt4 Aol>op MAY rkb ll 28, 2010 rlt,. il5, lfc** [^f(^/ Afrt^) \- (rh'lrs^ry '' Page 5 of 5