Tara Vitasta Ganju, J
1. The son of the Petitioner, Mr. Ajay Khanna and Respondent No.1, who is the brother of Respondent Nos.2 and 3 are physically present in Court today.
2. Learned Counsel for the parties, on instructions, submit that the parties have mutually reached a settlement in the matter. The Petitioner is agreeable to vacate the property bearing No. 5793/2, Chawla Market, Sadar Bazar, Delhi on or before 23.12.2024.
3. In lieu of the early vacation of the subject premises, the learned Counsel for the Respondent/landlord, on instructions from the Respondent No.1/landlord, submits that the Respondents/landlords agree to forego all their claims for user charges and damages.
4. In addition, it is agreed by both parties that in the event of any non-compliance, the Petitioner/tenant shall pay Rs.2,000/- per day from 24.12.2024 onwards.
5. In view thereof, let an Undertaking by way of an Affidavits be filed by the Petitioner/tenant and the son of the Petitioner/tenant, within a period of one week undertaking that:
(i) The Petitioner/tenant shall hand over the physical possession of the property i.e., property bearing No. 5793/2, Chawla Market, Sadar Bazar, Delhi [hereinafter referred to as “subject premises”];
(ii) The vacant, physical and peaceful possession of the subject premises will be handed over by the Petitioner/tenant to the Respondents/landlords on or before 23.12.2024;
(iii) The Petitioner/tenant undertakes and confirms that the entire subject premises are under their occupation and control;
(iv) The Petitioner/tenant will pay all the utility bills such as electricity and water and any other dues, for the subject premises till the date of handing over of the vacant, physical and peaceful possession thereof;
(v) The Petitioner/tenant undertakes that they will not create any third-party rights or part with possession of the subject Premises and that they shall not damage the subject premises in any manner whatsoever prior to its vacation;
(vi) The Petitioner/tenant shall remain bound by the aforesaid Undertaking.
6. An advance copy of the Undertaking shall be served on the Respondent/landlord.
7. Subject to the Petitioner/tenant filing the aforesaid Undertaking before this Court within one week from today, execution of order dated 21.09.2023 shall remain stayed.
8. In the event that the Petitioner/tenant defaults in complying with the terms of the Undertaking filed, the interim protection granted by this Court shall automatically stand dissolved and Respondents/landlords will be at liberty to take recourse to appropriate proceedings for recovery of possession and for recovery of the use and occupation charges from the Petitioner/tenant as agreed, in accordance with law.
9. The Revision Petition and the pending application stands disposed of in the aforegoing terms.
10. List for compliance on 18.12.2024 in the supplementary list.
11. Parties shall act based on the digitally signed copy of the order.
