$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 128/2019 KRISHNA GULATI & ORS .....Petitioners Through: Mr. Mukesh Kunwar, Mr. Satyam Thareja and Ms. Shikha Yadav, Advocates with Mr. Rohit Gulati, S/o Petitioner No.3. versus CHARANJEET SINGH & ORS .....Respondents Through: Mr. Sanjay Gupta, Advocate with respondent No.1 in person. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R % 01.04.2025 1. By way of present revision petition filed under Section 25(B)(8) of the Delhi Rent Control Act 1958 (hereinafter, referred to as ‘DRC Act’), the petitioners seek to assail order dated 19.11.2018 passed by Ld. Senior Civil Judge-cum-Rent Controller (South), Saket Courts Complex, New Delhi in eviction petition no. ARC 6351/2016, vide which the petitioners/tenants’ leave to defend application was dismissed and an eviction order was passed in favour of the respondents/landlord for recovery of tenanted premises, i.e., shop bearing No. 4 (old No. KH-387) Central Lane, Bhogal, Jangpura, New Delhi (hereinafter, the ‘Subject Property’). 2. After detailed arguments, learned counsel for the petitioners, on This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/04/2025 at 12:31:52 instructions from the petitioners as well as Mr. Rohit Gulati, s/o petitioner No.3, who is present in Court, submits that the petitioners undertake to vacate the subject property within one year from today i.e., on or before 31.03.2026 and handover the physical and vacant possession of the same to the respondents/landlords. It is further submitted that in the meantime, the petitioners also undertake not to create any third party rights in the subject property. Learned counsel states that an undertaking in the form of an affidavit to the above effect would be filed within a period of two weeks from today. Learned counsel has handed over the self-attested gate pass of Mr. Rohit Gulati, which is taken on record. 4. Learned counsel for the respondents, on instructions from the respondent No.1, who is present in Court, submits that respondents accede to the aforesaid request of the petitioners, subject to the petitioners paying arrears of user and occupation charges as fixed vide order dated 08.08.2023. He further submits that petitioners are in default of sum of Rs.90,898/- towards arrears which are still pending and an affidavit in this regard has been filed alongwith calculations which has also been shared with the petitioners. It is also submitted that since the present payable user and occupation charges were fixed way back in April, 2023, the same be revised to Rs.25,000/- per month alongwith the electricity and water charges, with effect from April, 2025 until the handing over possession of the subject property to the respondent/landlord. 5. At this stage, learned counsel for the petitioners, on instructions, submits that arrears till date, if any, shall be cleared within one month from today. It is further submitted that user and occupation charges beginning April, 2025 till March, 2026 shall be paid @ Rs.25,000/- per month. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/04/2025 at 12:31:52 6. In view thereof, let an Undertaking by way of an Affidavit be filed by the petitioners within a period of two weeks, undertaking as under : (i) The petitioners shall hand over the vacant, physical and peaceful possession of the subject property within one year from today. (ii) The petitioners shall state that the entire subject property is under their occupation and control and shall not create any third-party rights or part with possession of the subject property prior to handing over its possession. (iii) The petitioner shall clear the arrears of user and occupation charges within one month from today. (iv) The user and occupation charges shall continue to be paid by the petitioners in the revised sum of Rs.25,000/- per month beginning April, 2025 till the date of handing over of the vacant, physical and peaceful possession on or before 7th day of each calendar month; (v) The petitioners will pay all electricity and water charges, for the subject property till the date of handing over of the vacant, physical and peaceful possession thereof; (vi) The petitioners shall remain bound by their Undertaking given today. 7. Subject to the petitioners filing the aforesaid Undertaking before this Court within two weeks from today, execution of the impugned order shall remain stayed till the subject property is handed over on or before 31.03.2026. 8. In the event that the petitioners default in complying with the terms of the Undertaking filed, the interim protection shall stand recalled with liberty to the respondents to take recourse to appropriate proceedings for recovery of possession, recovery of the user charges/damages at market rate from the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/04/2025 at 12:31:52 date of the impugned order, in accordance with law. 9. The present petition is disposed of in the above terms. MANOJ KUMAR OHRI, J APRIL 1, 2025 ga This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/04/2025 at 12:31:52