At, High Court of Delhi
By, THE HONOURABLE MR. JUSTICE SANJEEV SACHDEVA
For the Petitioners: V.P. Katiyar, Advocate. For the Respondent: Manjula Gandhi, S.K. Gandhi, Advocates.
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.