Sanjay Kumar Sharma vs Mir Akhtar Hussain
2017 Latest Caselaw 1651 Del

$~2
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     RFA 315/2017 & C.M. No. 11138/2017 (stay)
      SANJAY KUMAR SHARMA                      ..... Appellant
                  Through: Mr. K.K. Jha, Advocate with the
                  appellant in person.

                          versus

      MIR AKHTAR HUSSAIN                          ..... Respondent
                   Through: Respondent in person.

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI
                   ORDER

% 28.03.2017

1. After negotiations, the parties have arrived at a settlement in the following terms:-

(a) The respondent has agreed to permit the appellant continue occupying the suit premises till 30.6.2017.

(b) In view of the aforesaid concession given by the respondent, the appellant has agreed to pay the outstanding rent/use and occupation charges in respect of the suit premises @ Rs.18,000/- per month with effect from April, 2016.

(c) The arrears of rent/use and occupation charges with effect from April, 2016 till March, 2017, shall be paid by the appellant to the respondent within two weeks.

(d) With effect from April, 2017, the appellant shall continue paying to the respondent the use and occupation charges @ Rs.18,000/- per month on

or before the 10th day of each calendar month, till he vacates the suit premises.

(e) It is agreed that the respondent shall give adjustment of the security amount of Rs.18,000/- i.e,. one month's advance rent given by the appellant, at the time vacant peaceful possession of the suit premises is handed over by the appellant.

(f) The respondent shall take immediate steps to complete all necessary formalities, as may be required for restoration of the electricity at the suit premises within 10 days under written intimation to the appellant.

(g) The appellant shall continue paying the electricity and water charges and hand over the NOC's in this regard to the respondent at the time of vacating the suit premises.

(h) The appellant undertakes that he shall not sell, transfer, alienate or part with possession of the suit premises till he hands over vacant peaceful possession thereof to the respondent.

2. Both the parties agree that in view of the settlement arrived at hereinabove, the suit pending before the learned trial court for the remaining relief prayed for by the respondent/plaintiff, shall be disposed of.

3. The parties further state that now that they have been able to negotiate a settlement in respect of the suit premises which is the primary bone of contention between them, steps shall be taken by them jointly to settle the ancillary disputes, including quashing of the cross FIRs filed by the appellant and the respondent and their respective family members.

4. The parties shall file their respective affidavits binding themselves to

the settlement recorded hereinabove within one week, while exchanging copies with each other.

5. The appeal is disposed of along with pending application, while leaving the parties to bear their own costs.

HIMA KOHLI, J

MARCH 28, 2017 ap