Delhi High Court
M/S Ram Chandra Krishan Chandra vs Atul Kapoor & Ors Throug Lrs on 26 February, 2015
Author: J.R. Midha
$~2, 31, 32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision : 26th February , 2015
+ RFA 717/2010
RAM CHANDRA KRISHAN CHANDRA ..... Appellant
Through Mr. Sanjoy Ghose, Adv.
along with Mr. Nakesh
Rastogi, husband of Mrs.
Nisha Rastogi, Mr. Mohit
Rastogi, son of Mrs. Mala
Rastogi
versus
SANSAR CHANDRA KAPOOR
DECD THR LRS ..... Respondent
Through Ms. Ekta Sikri, Mr. Ajay
Pal, Advs. with respondent
in person.
31
+ RFA 506/2014
M/S RAM CHANDRA KRISHAN CHANDRA.... Appellant
Through Mr. Sanjoy Ghose, Adv.
along with Mr. Nakesh
Rastogi, husband of Mrs.
Nisha Rastogi, Mr. Mohit
Rastogi, son of Mrs. Mala
Rastogi
versus
ATUL KAPOOR & ORS THROUG LRS .... Respondent
Through Ms. Ekta Sikri, Mr. Ajay
Pal, Advs. with respondent
in person.
RFA 717/2010 & other connected matters Page 1 of 6
32.
+ RFA 507/2014
M/S RAM CHANDRA KRISHAN CHANDRA.... Appellant
Through Mr. Sanjoy Ghose, Adv.
along with Mr. Nakesh
Rastogi, husband of Mrs.
Nisha Rastogi, Mr. Mohit
Rastogi, son of Mrs. Mala
Rastogi
versus
ATUL KAPOOR & ORS THOUGH LRS ..... Respondent
Through Ms. Ekta Sikri, Mr. Ajay
Pal, Advs. with respondent
in person.
CORAM :-
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
RFAs 717/2010, 506/2014, 507/2014 & CM 2323/2015 (under
Order 23 Rule 3 of the CPC)
1. Parties have amicably resolved all their disputes and have
filed joint application CM 2323/2015 under Order 23 Rule 3 of the
Code of Civil Procedure. The application is signed by both the
parties and is supported by their respective affidavits. CM
2323/2015 and the affidavits/ undertakings filed along with the
application are marked as Ex.C-1 (Colly.)
2. As per the settlement Ex.C-1, the appellants have undertaken
to handover the vacant and peaceful possession of the suit property
to the respondent on or before 6th January, 2017. The appellants
have also undertaken to pay Rs.2,50,000/- per month for use and
occupation of the suit property during the aforesaid period. The
appellants have handed over 24 post dated cheques to the
respondent. The appellants have also cleared the previous arrears
of outstanding of rent/damages @ Rs.10,000/- per month w.e.f. 1st
May, 2010 till 31st December, 2014 totaling Rs.5,60,000/-.
3. Learned counsel for the appellant submits that the
appellant's sister concern M/s. Ram Chander Krishan Chander
Saree Store, a partnership firm is in occupation of the suit property
along with the appellants and the said firm has also given an
undertaking to abide by the terms of the settlement. M/s. Ram
Chander Krishan Chander Saree Store, the sister concern of the
appellants has three partners, namely, Mrs. Mala Rastogi, Mrs.
Nisha Rastogi, Mrs. Chander Lekha Rastogi out of which two
partners Mrs. Mala Rastogi and Mrs. Nisha Rastogi have given
their undertaking. With respect to the third partner, namely, Mrs.
Chander Lekha Rastogi, the learned counsel for the appellant
submits that her undertaking shall be filed by 31st March, 2015.
4. Learned counsel for the respondent points out that the capital
account statement of the partnership firm produced by the
appellants mentions four partners, namely, Mrs. Nisha Rastogi, Mr.
Viresh Rastogi, Mrs. Mala Rastogi and Mrs. Chander Lekha
Rastogi. Learned counsel for the appellants submits that Mr.
Viresh Rastogi has expired and his share in the partnership firm has
devolved upon his wife, Mrs. Chander Lekha Rastogi. It is
submitted that at present there are only three partners mentioned in
para 3 above.
5. Learned counsel for the appellants submits that the
appellants may be permitted to place on record the photographs of
the suit property containing its present condition to avoid any
controversy being raised at the time of handover the possession
with respect to its condition. It is submitted that the appellants
shall handover the possession of the suit property to the respondent
in terms of this order in the condition as shown in the said
photographs. Learned counsel for the respondent submits that both
the parties shall jointly inspect the suit property within one week
and shall file the photographs duly signed by both the parties with
respect to its present status.
6. Learned counsel for the respondent submits that the amounts
deposited by the appellants towards damages/mense profits for the
use and occupation of the suit property in terms of order dated 6 th
October, 2010 be released to the respondent. Learned counsel for
the appellants have no objection to the same. The Registry shall
release the amounts deposited by the appellants along with interest
accrued thereon to the respondent within a period of four weeks.
7. CM 2323/2015 is allowed. The settlement between the
parties is lawful and is recorded. The appeals are decreed in terms
of the settlement Ex.C-1 (Colly.). The undertakings of the parties
filed along with the application are accepted. The parties shall
remain bound by the undertakings given to this Court.
8. Learned counsels for both the parties submit that the appeals
be listed for directions in April 2015 to enable the appellants to file
the undertaking of Mrs. Chander Lekha Rastogi by 31 st March,
2015 and the photographs of the suit property after joint inspection.
9. Learned counsels for the parties further suggest that the
landlord - tenant litigation is increasing day by day as the tenants
do not honour their obligations to handover the vacant and peaceful
possession of the properties upon expiry of the lease deed and they
raise frivolous pleas in order to delay and defeat the justice. It also
puts burden on the judicial system to deal with the frivolous cases.
The Courts do not ordinarily take any action against the litigants
who raise false pleas before this Court. It is further submitted that
even in cases where the tenants want to vacate the property, the
landlords turn dishonest and they deliberately delay the taking over
of possession with the dishonest intention of misappropriating the
security deposit refundable at the time of handing over of the
possession. Learned counsels for both the parties submit that some
guidelines are warranted in this regard.
10. List on 14th April, 2015. Mr. Kirti Uppal, Senior Advocate
shall continue to assist this Court as amicus curiae.
11. This Court appreciates the effective assistance rendered by
learned counsels for both the parties in getting a complicated case
amicably settled.
12. Copy of this order be given dasti to counsel for the parties
under the signature of the Court Master.
J.R. MIDHA, J
FEBRUARY 26 , 2015
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