Jagat Pal Dhiman vs Neelam Sandhir

Rajiv Sharma, J.—M/s. R.R. Rahi and Ajay K. Dhiman, learned Counsel for the Petitioner on the basis of instructions imparted to them by their client submit that the present petition will be withdrawn in case the landlady permits the tenant to stay in the demised premises for a period of two years.

Mr. Ashok Sood, learned Counsel for the Respondent, on the basis of instructions imparted to him by his client submits that the period of one year is reasonable. However, the Court is of the considered opinion that the tenant can be permitted to stay in the demised premises for a period of fifteen months after giving usual undertaking to vacate the premises immediately after fifteen months with a further undertaking to keep on paying the use and occupation charges to the landlady. There shall, however, be a rider that the tenant shall pay the use and occupation charges at the rate of Rs. 400/- per month from today onwards. It is also made clear that the tenant shall also clear all the arrears, if pending @ Rs. 300/- per month.

Consequently, the tenant is directed to hand over vacant possession of the demised premises to landlady on or before 31st March, 2012. He shall pay the use and occupation charges, as observed hereinabove, at the rate of Rs. 400/- per month from today. He shall clear all the arrears within a period of three months from today, if any. It is made clear that the terms and conditions to be incorporated in the usual undertaking are required to be implemented and followed faithfully and punctually. Any dereliction or violation of the terms and conditions of the usual undertaking will amount to contempt of Court. The undertaking be furnished within a period of three weeks from today.

Accordingly, in view of the above discussion, the petition is disposed of.