Hansraj vs Rakesh Kapil

By means of present writ petition, the petitioner seeks writ in the nature of certiorari quashing the impugned judgment dated 28.05.2013, passed

by Prescribed Authority, in rent control case no. 14 of 2008, as well as impugned judgment dated 06.03.2017, passed by the appellate authority,

in rent control appeal no. 14 of 2013.

After arguing the writ petition at some length, learned counsel for the tenant-petitioner fairly submitted that the petitioner is ready to handover the

vacant and peaceful possession of the premises in question to the landlord-respondent, but two years'' time be granted to the petitioner to do the

same.

Learned counsel for the respondent did not oppose the same. Considering the nature of dispute between the parties, the tenant-petitioner is

granted time upto 04.01.2020 to handover peaceful possession of the premises in question to the respondent-landlord subject to the petitioner

giving an undertaking within one month from today before the Prescribed Authority to the following effect:

(1) The petitioner shall file an undertaking before the trial court on or before 04.02.2018 that he shall vacate the premises in question on or before

04.01.2020 and handover vacant and peaceful possession of the premises in question to the landlord.

(2) The petitioner should undertake to deposit the entire decretal amount before the trial court within a period of two months from today subject to

adjustment of any amount already deposited before the court below.

(3) The petitioner should continue to pay the rent for the use and occupation of the premises in question on each succeeding month till vacation of

the accommodation on 7th day of each month.

(4) The petitioner shall not induct any other person in the premises in question.

(5) In the event of default of any of the aforesaid conditions, the petitioner shall not be entitled to continue in the premises in question up to

04.01.2020 and the decree shall be executed forthwith.

With the aforesaid conditions, present writ petition is finally disposed of. No order as to costs.

[Stay Application no. 4392 of 2017 also stands disposed of.]