w w w . L a w y e r S e r v i c e s . i n

Sheelender Kumar Gupta & Another v/s Mahaviri Devi (Deceased) Thr. Lrs.

Company & Directors' Information:- GUPTA CORPORATION PRIVATE LIMITED [Active] CIN = U40100MH2005PTC154038

Company & Directors' Information:- DEVI CORPORATION PRIVATE LIMITED [Active] CIN = U16000AP2011PTC076133

Company & Directors' Information:- M R GUPTA AND COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1992PTC051324

Company & Directors' Information:- GUPTA INDIA PRIVATE LIMITED [Active] CIN = U51311DL1996PTC077255

Company & Directors' Information:- GUPTA AND COMPANY PRIVATE LIMITED [Active] CIN = U52110DL1974PTC007339

Company & Directors' Information:- GUPTA AND GUPTA PRIVATE LIMITED [Active] CIN = U55204DL1954PTC002390

Company & Directors' Information:- S K GUPTA PRIVATE LIMITED [Active] CIN = U26900MH1973PTC016294

Company & Directors' Information:- R. K. GUPTA AND COMPANY INDIA PRIVATE LIMITED [Active] CIN = U74899DL1993PTC052138

Company & Directors' Information:- B R GUPTA AND COMPANY PRIVATE LIMITED [Active] CIN = U63013DL2000PTC107343

Company & Directors' Information:- T N GUPTA PVT LTD [Active] CIN = U02005WB1951PTC020141

Company & Directors' Information:- A V GUPTA AND COMPANY PRIVATE LIMITED [Converted to LLP] CIN = U24239DL1999PTC102248

Company & Directors' Information:- Y P GUPTA AND COMPANY PVT LTD [Under Process of Striking Off] CIN = U74899DL1983PTC016661

Company & Directors' Information:- J S GUPTA AND CO PVT LTD [Strike Off] CIN = U20211UP1975PTC004078

Company & Directors' Information:- M K GUPTA AND CO PRIVATE LTD [Strike Off] CIN = U74999DL1979PTC009517

Company & Directors' Information:- A J GUPTA AND CO PRIVATE LIMITED [Strike Off] CIN = U74210UP1980PTC004986

Company & Directors' Information:- D. R. GUPTA & COMPANY PRIVATE LIMITED [Strike Off] CIN = U74899DL1944PTC000794

Company & Directors' Information:- S P GUPTA AND CO PVT LTD [Strike Off] CIN = U26932RJ1972PTC001459

    CM.(M). No. 336 of 2018

    Decided On, 11 June 2020

    At, High Court of Delhi


    For the Petitioners: V.P. Katiyar, Advocate. For the Respondent: Manjula Gandhi, S.K. Gandhi, Advocates.

Judgment Text

Judgment (Oral)

CM APPL. 2280/2020 & CM APPL.11819/2020 (filed on behalf of the respondent seeking directions to petitioner to handover the possession)

1. The hearing was conducted through video conferencing.

2. By this application, respondent seeks a direction to the petitioner to handover the peaceful vacant possession of Shop No.4, Ground Floor being part of property No.B-1638, Shastri Nagar, Near Ashok Vihar, New Delhi and further to pay damages for use and occupation with effect from 19.02.2018.

3. Learned counsel for the respondent submits that after filing of the application, petitioner has already handed over possession on 03.06.2020.

4. Learned counsel for the respondent seeks leave to withdraw the application with liberty to file proceedings seeking damages for use and occupation charges with effect from 19.02.2018.

5. In my view, no such right or liberty can be granted to the respondent. Petitioner was a tenant protected under the Delhi Rent Control Act, 1958 and respondent had sought eviction of the petitioner on the ground of subletting under 14(1)(b) of the Delhi Rent Control Act, 1958.

6. Eviction petition was dismissed by the Additional Rent Controller by judgment dated 17.08.2016. Subsequently, the appeal filed by the respondent was allowed by judgment dated 19.02.2018 and an eviction order was passed.

7. Petitioner has assailed the said judgment before this Court and by order dated 23.03.2018, while issuing notice, this Court had directed stay of the execution of the eviction order passed by the Rent Control Tribunal.

8. Subsequently, on an application filed by the respondent on 15.09.2019, petitioner was directed to pay use and occupation charges and it was directed that in case the use and occupation charges were not paid, the interim protection granted to the petitioner would stand vacated.

9. Petitioner failed to pay the said amount and accordingly, by order dated 30.01.2020, the interim protection was vacated. Petitioner thereafter undertook to vacate the tenanted premises and handover the peaceful vacant possession on 15.04.2020. However, in view of the lockdown on account of Covid-19 pandemic, possession could not be handed over on 15.04.2020 but has been handed over on 03.06.2020.

10. It is observed that in the final order passed on 30.01.2020 this Court has not directed payment of any use and occupation charges. Rather, the interim protection granted to the petitioner was vacated because of the default of the petitioner to pay the amount.

11. There is no adjudication of the Petition of the Petitioner on merits but he himself stated that because he could not pay the use and occupation charges, he was vacating the premises.

12. Because of the failure to pay the damages for use and occupation, the interim protection of the petitioner was vacated and he voluntarily handed over the possession of the premises. In the facts and circumstances of the present case, I am of the view that no direction can be issued to the petitioner to pay use and occupation charges for the period that the stay continued. Further, as the possession has already been handed over, no relief can be granted to the respondent in this application. The application is accordingly disposed of.

CM(M) 336/2018 & CM APPL.11294/2018 (stay), CM APPL.21310/2019 (vacation of order dated 22.03.2018)

1. Learned counsel for the petitioner submits that since the petitioner has already vacated the premises and handed over the peaceful vacant possession of the tenanted premises, he does not press the main petition impugning judgment dated 19.02.2018 and seeks leave to withdraw the same.

2. Mr. Katiyar, learned counsel for the petitioner, however, undertakes on behalf of the petitioner that petitioner shall clear all water and electricity dues, if any, with

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respect to the subject premises and shall also clear the arrears of rent @ Rs.600 per month. 3. The undertaking is accepted. 4. The Petition is accordingly dismissed as withdrawn. All pending applications are, accordingly, disposed of. 5. Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through email. 6. The next date of 15.07.2020 is cancelled.