Raman Kapur, Sr. Advocate with Mr. Dhiraj Sachdeva and Mr. Anli Anwar, Advocates v. DILPREET SINGH LAMBA

CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI % CAV 138/2025 O R D E R 08.04.2025 Learned counsel for the respondent enters appearance.

2. Accordingly, the caveat stands discharged. CM APPL. 20688/2025 CM APPL. 20689/2025

4. Exemptions allowed, subject to just exceptions. The applications stand disposed-of. RFA 330/2025

5. By way of the present appeal filed under section 96 of the Code of Civil Procedure 1908, the appellant impugns judgment and decree dated 31.01.2025.

6. After hearing some submissions made by Mr. Raman Kapur, learned This is a digitally signed order. RFA 330/2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2025 at 15:54:28 senior counsel appearing for the appellant and Mr. Vivek Sood, learned senior counsel appearing for the respondent, with the consent of the appellant and the nephew of the respondent, who are also present in court, the present appeal is disposed-of with the following directions :

6.1. The appellant shall pay to the respondent the entire arrears of rent/use and occupation charges for the period 01.04.2009 to

31.03.2025 at Rs. 10,200/- per month (being Rs.15,000/- per month minus Rs.4,800/- per month already paid). These arrears shall be paid within 03 months from today.

6.2. Furthermore, the appellant shall pay to the respondent the sum of Rs.20,000/- per month as use and occupation charges from the period of 01.04.2025 to 31.12.2025 regularly and punctually, by or before 07th day of every English calendar month (except the amount due for the present month).

6.3. Subject to the above, the appellant shall be entitled to use and occupy the premises being the entire First Floor and One Room on the Second Floor of property bearing No. E-8, Jangpura Extension, New Delhi upto 31.12.2025 and shall surrender vacant, peaceful, physical possession respondent representative/nominee on or before 31.12.2025.

7. In view of the above consensual arrangement arrived at between parties, the appellant does not press the present appeal on merits; nor shall the respondent pursue the execution proceedings that are stated to have been filed.

8. The appellant shall file before this court an affidavit of undertaking in the following terms : This is a digitally signed order. RFA 330/2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2025 at 15:54:28

8.1. I undertake that I shall surrender vacant, peaceful, physical possession of the subject premises to the respondent or his nominee on or before 31.12.2025, against written acknowledgment of receipt.

8.2. During the period of my use and occupation of the subject premises, I shall pay to the respondent arrears of rent/use and occupation charges at Rs.10,200/- for the period 01.04.2009 to 31.03.2025 and use and occupation charges at Rs. 20,000/- per month with effect from 01.04.2025, by or before 07th day of the every English calendar month till the time I vacate the subject premises and hand over vacant, peaceful, physical possession thereof to the respondent.

8.4.

8.3. Furthermore, during the period of my use and occupation of the subject premises, I shall also regularly and punctually pay all utility bills, including electricity and water charges and any other dues that may arise in relation to the use and occupation of the subject premises, till the date I hand-over vacant, peaceful, physical possession thereof to the respondent or his nominee. I also undertake that in the event of any default in payment of use and occupation charges and/or any utility bills as aforesaid, I shall render myself liable to pay enhanced use and occupation charges equivalent to the prevailing market rent for the relevant period instead of the agreed use and occupation charges of Rs.20,000/- per month as referred to above. I further undertake and confirm that throughout the period upto 31.12.2025, the subject premises shall remain under my use and occupation; and I shall not create any third party rights, titles or interests whatsoever, in or to the subject premises; and that I shall not cause any damage or harm to the failing which I shall remain liable for damages to subject premises, compensate for any such damage or harm. I shall remain bound by the terms of the aforesaid undertaking.

8.5.

8.6.

9. Let an affidavit in the above terms be filed within 02 weeks from today; with copy to the opposing counsel.

10. Needless to add, that in the event of violation of any of the terms of the above-referred undertaking, the respondent shall be at liberty to adopt all such remedies as may be available to him, in accordance with law. This is a digitally signed order. RFA 330/2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2025 at 15:54:28

11. Judgment and decree dated 31.01.2025 shall stand modified in the above terms.

12. The appeal is disposed-of in the above terms.

13. It is made clear that parties shall remain bound by the terms of the agreement.

14. The Registry is directed to bring to the notice of this court in the affidavit of undertaking is not filed by the petitioner as directed-above.

15. Pending applications, if any, also stand disposed-of. APRIL 8, 2025 ANUP JAIRAM BHAMBHANI, J This is a digitally signed order. RFA 330/2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2025 at 15:54:28