Full Judgment Text
NONREPORTABLE
2024 INSC 141
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
PETITION FOR SPECIAL LEAVE TO APPEAL (C) NO.18366 of
2021
SWAMI GOVERDHAN RANGACHARIJI & ORS. …Petitioner(s)
Versus
M/S. A.J. PRINTERS …Respondent(s)
J U D G M E N T
Sanjay Karol, J.
1. The dispute is inter se the instant petitioners
( hereinafter referred to as the “landlords” ) and the respondent
herein ( hereinafter referred to as the “tenant” ) with respect to
the property bearing Bungalow No.97, Ground Floor, Sunder
Nagar, New Delhi ( hereinafter referred to as the “demised
premises” ).
2. In terms of the impugned judgment dated 03.08.2021
Signature Not Verified
passed in CM(M) No.646/2020, the learned Single Judge
Digitally signed by
Jayant Kumar Arora
Date: 2024.02.23
17:30:56 IST
Reason:
(High Court of Delhi) has remanded the matter to the
competent authority, i.e., the Rent Controller for adjudication
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of the lis under the provisions of the Delhi Rent Control Act,
1995. Noticeably, the landlord is a Trust and the respondent
is occupying the demised premises as a tenant in terms of the
written lease deed dated 01.10.1972 at a monthly rental of
Rs.2,000/, which, at this point, we are informed, stands
enhanced to Rs.3,328/.
3. On 23.01.2024, when the matter came up for hearing,
learned counsel for the parties sought time to obtain
instructions from their respective clients for amicable
resolution of the dispute on the terms which were orally spelt
out during the course of proceedings. As such, the matter
was posted for hearing today.
4. Appreciably more so, on account of the efforts put in by
learned counsel, all disputes inter se the parties stand
resolved, which, on the basis of the instructions imparted to
the learned counsel for the respective parties, as stated in the
Court, are recorded herein under and the petition is being
disposed of in the said terms :
(i) The relationship between the parties i.e., the
landlord and the tenant is not in dispute.
(ii) The tenant agrees for passing of an order of
ejectment on the grounds specified in the
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ejectment petition. Accordingly, an order in terms
of the Rent Control Act is passed in favour of the
landlord and against the tenant.
(iii) Considering the fact that the tenant who is 82
years of age, has lost his wife during the time of
COVID19 is granted time to vacate the demised
th
premises till 28 February, 2025. The
respondenttenant undertakes to hand over the
vacant and peaceful possession of the demised
premises to the petitionerslandlords before such
date.
(iv) The undertaking, oral in nature, is accepted and
taken on record making the tenant aware of the
consequence of breach thereof, including
initiation of proceedings for contempt. However,
additionally, an affidavit to this effect, furnishing
an undertaking in writing be positively filed within
three weeks from today. It stands clarified that in
the event of failure of the tenant to comply with
the same, it shall be open to the landlord to
immediately initiate appropriate proceedings for
ejectment, as also contempt of Court.
(v) The tenant shall clear all arrears of rent, if any,
and shall continue to pay the same at the
contractual rate, i.e., Rs.3,328/ per month till
the date of handing over of the vacant and
peaceful possession of the demised premises to
the landlord.
(vi) The tenant shall not cause any damage or create
any encumbrance of any kind, so also shall not
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transfer possession in any manner of the demised
premises.
(vii) The tenant shall continue to occupy, use, and
enjoy the property strictly in terms of the
municipal bylaws. No further construction, more
so unauthorized in nature, shall be carried out by
the tenant.
(viii) Before handing over the possession, the tenant
shall clear all statutory dues, on such terms, as
are mutually agreed inter se the parties.
(ix) In the event the tenant violates any of the terms, it
shall be open to the landlord to initiate
proceedings for obtaining possession in terms of
the order of ejectment and also initiate
proceedings for contempt, if so advised.
(x) It is needless to add that the landlord shall not
cause any hindrance in the peaceful occupation
and enjoyment of the demised premises by the
tenant.
(xi) All litigation inter se the parties, in relation to the
demised premises shall stand closed.
5. The petition shall stand disposed of in the aforesaid
terms. Pending application(s), if any, shall stand disposed of.
……………..…………J.
(J.K. MAHESHWARI)
…………….…………J.
(SANJAY KAROL)
New Delhi;
February 23, 2024.
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