7 7 t< il IN THE HIGH COURT OF DELHI AT NEW DELHI RC.REV. 4s/2010 & CM No.3604/20t0 SURENDER KUMAR SHARMA & ORS ..... Petitioners Through : Mr. Deepak Sharma, Adv. with petitioners No.1 & 5 in person. VCTSUS YASH PAL SHARMA ..... Respondent Through : Ms. Rajani Chauhan, Adv. with respondent in person. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI ORDER o/o 14.05.2010 The present petition is directed against the order dated 9.10.2009 passed by the learned Additional Rent Controller dismissing the leave to defend application filed by the petitioners/tenants in respect of one room/shop forming part of the property bearing No.2987, Maharaja Agrasen Marg, Tri Nagar, Delhi. Counsel for the petitioners/tenants as also counsel for the respondent/landlord were heard at length on the last date of hearing. But counsel for the petitioners was unable to satisfy the Court that the impugned order is not in accordance with law. On the said date, an adjournment was sought by the counsel for the petitioners to obtain RC.REV.45/2010 Page 1 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 I { 0 instructions from his clients. As a result, the matter was renotified for today with directions to the parties to be present in the Court. The petitioners No.1 and 5 and the respondent are present in the Court today. Counsel for the petitioners/tenants, on instructions from his clients,.confines the present petition only to the relief of grant of further time upto 31.3 .2OIt to vacate the suit primises. He further states that the petitioners/tenants withdraw the challenge laid to the impugned order and that they shall be bound by the same and shall not challenge it in future. Counsel for the respondent/landlord, on instructions from her client, accepts the aforesaid request of the petitioners/tenants but she states that the rent be enhanced for the period w.e.f. II.4.2010. The parties have interacted with each other and it is agreed that the petitioners/tenants shall pay monthly rent @ Rs.600/- to the respondent/landlord for the period w.e.f. Lt.4.2010, till the vacant peaceful possession of the.tenanted premises is handed over to the respondent/landlord. RC.REV.4s/20t0 Page 2 of 5 1, a a I Accordingly, the present petition is disposed of with the consent of the parties on the following terms:- (i) The petitioners shall remain in possession of the tenanted premises till 3L.3.2011, and immediately thereafter, they shall handover vacant, peaceful, physical possession of the suit premises to the respondent. (ii) The parties agree that the petitioners shall pay monthly rent @ Rs.600/- to the respondent, through counsel, on or before the 7th day of each calendar month till the vacant peaceful possession of the suit premises is handed over by.them to the respondent. (iii) Counsel for the petitioners states that the petitio.ners have deposited the rent @ Rs.423/- per month w.e.f. September, 2005 to 31st March, 2010 in the court, the details of which the petitioners undertake to convey to the respondeqt within one rryeek from today, to enable him to seek release thereof. (iv) Counsel for the petitioners submits that the rent for the period w.e.f. 7.4.2010 till 30.6,2010 @ Rs.423/- per month has been forwarded to the respondent on 11.5.2010, by way of a Money Order, which has yet to be received by the other side. It is agreed that the difference of the rent @ Rs.600/- per month RC. REV. 45/2010 Page 3 of 5 I \ w.e.f. tI.4.2010 till 30.6.2010 shall \o \ be paid to the respondent, through counsel, within one week. (v) The petitioners shall continue to clear the 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 at the time of handing over vacant peaceful possession of the suit premises. (vi) The petitioners shall not create any third party interest in the suit property and shall not carry out any additions or alterations therein during the duration of their stay. (vii) In case, the respondent expires before 3l't March, 2011, the petitioners shall handover vacant peaceful possession of the suit premises to his legal heirs, without any demur. Counsels for the parties have explained the aforesaid orders in vernacular to the petitioner.s No.1 & 5 and tlre respondent, 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, the petitioners No.1 & 5 and the respondent have affixed their signatures in the margin of the order sheet along with that of their counsels. RC. REV. 45/20t0 P.age 4 of 5 '\.) \\ The petitioners shall file their undertakings to the Court within one week specifically including therein the aforesaid terms and conditions of settlement, with copies to the other side. In case, the aforesaid undertakings are not filed by the petitioners within the stipulated .time, the Registry shall place the matter before the Court immediately. The petition is disposed of along with the pending application. A copy of this order be given dasti to the counsels for the parties. HIMA KOHLI,J MAY sk L4,2010 ffi* fs.ree*ueR ku^aan) Ncqi,,*- G-tr I )'1" $eve".r >b'rr tu"naB) RC.REV.45/2OrO 0"+4'l Kara-yt't<c{ , "r"o^9'.f'tl*o (_ra* /*t )' ur,Jl1 ft+ At5;r" 7t'l'^1ta'4't'21 r5 t \ 4.t"1" ?I'trb^.^^ ,'**'ffiPars'roq11) cou''*e\ ?"-^iJi;-. Page 5 of 5