Delhi High Court
Beena Devi & Ors vs Madhvi Jain & Ors on 20 July, 2022
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
%
Judgment delivered on: 20th July, 2022
+ RC.REV. 267/2019
BEENA DEVI & ORS ..... Petitioners
versus
MADHVI JAIN & ORS ..... Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. Amar Nath Saini, Advocate along with petitioner
No. 1 & 4 in person.
For the Respondent: Mr. Alok Kumar Pandey, Mr. Kunal Prakash and Ms.
Nidhi Malhotra, Advocates
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J
1. Learned counsel for the parties submit that dispute between the
parties has been settled.
2. Petitioners are tenants of the respondent in respect of part of the
ground floor of property bearing No. 4701/21-A, Ansari Road, Darya
Signature Not Verified
Digitally Signed By:KUNAL
MAGGU
Signing Date:21.07.2022 20:59:53
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
Ganj, New Delhi, more particularly as shown in red colour in the site
plan annexed with the eviction petition.
3. Petitioner impugns order dated 12.02.2019 whereby eviction
order has been passed in respect of the said property.
4. During pendency of this petition, respondent no. 1 has expired
on 06.06.2021 at Jakarta, Indonesia leaving behind respondent no. 2
and 3 and Smt. Deepa Jain as the only surviving legal heirs. The
settlement deed dated 15.07.2022 is signed by the surviving
respondents and Smt. Deepa Jain and the petitioners. Copy of the
settlement agreement has been produced on record. The same is taken
on record. Petitioner No. 1 - Smt. Beena Devi and Petitioner No. 4 -
Smt. Anu Singh are present in Court.
5. Learned counsel appearing for the petitioners as well as
respondents under instructions confirm the settlement agreement.
6. As per the settlement, the petitioners have undertaken to vacate
and hand over the peaceful vacant possession of the subject property on
or before 31.12.2022. It has also been agreed that the respondents shall
pay a sum of Rs. 5 lakhs to the petitioners. Two cheques in the sum of
Rs. 2.5 lakh each dated 15.07.2022 and 28.12.2022 have been issued
by the respondents in favour of Petitioner No. 1 - Smt. Beena Devi. The
undertaking is accepted. Smt. Beena Devi and Petitioner No. 4 - Smt.
Anu Singh are present in Court. They undertake that they shall vacate
Signature Not Verified
Digitally Signed By:KUNAL
MAGGU
Signing Date:21.07.2022 20:59:53
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
and hand over the peaceful vacant possession of the subject premises
on or before 31.12.2022, subject to encashment of the two cheques. The
undertaking is accepted.
7. Learned counsel for the respondents under instructions also
undertakes on behalf of the respondents that the cheque shall be
honoured on their presentation. The undertaking is accepted.
8. In view of the above settlement and the undertakings, the petition
is disposed of in terms of the settlement deed dated 15.07.2022. Parties
shall remain bound by their undertakings.
9. Petitioners as well as respondents and Smt. Deepa Jain shall file
their respective undertakings within a period of two weeks from today
in terms of the Memorandum of Settlement.
10. The petition is accordingly disposed of, with a direction that the
impugned eviction order dated 12.02.2019 shall not be executable till
31.12.2022.
SANJEEV SACHDEVA, J
JULY 20, 2022
'rs'
Signature Not Verified
Digitally Signed By:KUNAL
MAGGU
Signing Date:21.07.2022 20:59:53
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
