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2025 DIGILAW 1179 (SC)

Rajiv Puri v. Amit Sharma

2025-05-09

J.K.MAHESHWARI, K.V.VISWANATHAN

body2025
ORDER : 1. Leave granted. 2. Challenging the order dated 11.10.2023 passed by the High Court of Delhi in CM Appl. No. 46165 of 2022 in R.C.(Rev.) No.123 of 2022 filed by the respondents (landlord) seeking fixation of user and occupation charges of the demised premises bearing No. G-18-A, South Extension Market, Part-I, New Delhi, and order dated 20.10.2023 dismissing CM Appl. No. 55351 of 2023 in R.C.(Rev.) No.123 of 2022 filed by the appellant (tenant) for modification of order dated 11.10.2023, the present appeals have been preferred. 3. During the pendency, several directions were issued with respect to the deposit of interim occupational charges as fixed by this Court. Later, on good sense having prevailed, the parties have entered into an amicable settlement on 23.04.2025 by way of a settlement deed to resolve the dispute in its entirety. As per the settlement deed, appellant has agreed to vacate the demised premises and handover the peaceful possession to respondents and withdraw/ request to dispose of any pending litigation. Likewise, respondents have agreed to not claim any arrears of rent, mesne profits and user charges from appellant. A relevant portion of the settlement deed dated 23.04.2025 has been reproduced for convenience :- "1. That in pursuant to the order dated 28.02.2025 passed by the Hon'ble Supreme Court in SLP(Civil) No. 24789/2023 the rent was fixed Rupees. 2,50,000/- per month w.e.f 1.1.2025. Thereafter the actual rent in respect of the said shop was mutually revised to Rs. 1,00,000/-with effect from 01.03.2025 and the First Party acknowledges that said amount has been deposited directly with the registry of the Hon'ble Supreme Court which is treated as payment of revised rent for the month of March, 2025 from the Second Party. That by virtue of this revised rent, the parties acknowledges that the said shop stands excluded from the purview of Delhi Rent Control Act, 1958 in terms section 3(c) thereof. 2. That, now the Second Party as a tenant at a monthly rent of Rs. 1,00,000/- per month has voluntarily agreed to vacate the Said Shop i.e Shop on Ground Floor of property bearing no. 2. That, now the Second Party as a tenant at a monthly rent of Rs. 1,00,000/- per month has voluntarily agreed to vacate the Said Shop i.e Shop on Ground Floor of property bearing no. G -18-A, South Extension Part-I, New Delhi as shown in red colour in the site plan filed by the First Party in the eviction petition bearing no.6255/2016 and shall hand over vacant, peaceful, and physical possession of the same to the First Party, along with the keys at the time of recording the statement before the Hon'ble Supreme court. 3. That in view of the settlement, it has been mutually agreed between the First Party and Second Party, that in furtherance of the possession of the said Shop being handed over by the Second Party to the First Party, the First Party shall not claim any arrears of rent/user occupation charges etc. whatsoever, including past, present, or future, with respect to the Said Shop from the Second Party subject to handover of the possession of the said Shop. 4. That the First Party, as a gesture of goodwill and without prejudice, agrees not to claim any arrears of rent, mesne profits, or user occupation charges against the Second Party in any court, including the Hon'ble High Court and Hon'ble Supreme Court, except for what has already been deposited by the Second Party before the respective forums and further endorses that the second party has no objection if the amount already deposited with the Hon'ble Supreme Court is released in favour of First Party. 5. That the Second Party undertakes to file appropriate applications for withdrawal of R.C. Rev. No. 123/2022 before the Hon'ble High Court of Delhi and in SLP(C) Nos. 24789-24790/2023 before the Hon'ble Supreme Court of India or request the Hon'ble Supreme Court to exercise its power under Article 142 of Constitution of India to dispose of the RCR No. 123/2022 before itself only, and further confirms that the present settlement has been arrived at voluntarily and undertaking to be bound by the present MOS and undertaking to abide by MOS in letter and spirit. The First Party undertakes to co-operate with the Second Party for the same. 6. That the settlement has been arrived at between the parties of their own accord, free will and without any force, coercion, and undue influence. 7. The First Party undertakes to co-operate with the Second Party for the same. 6. That the settlement has been arrived at between the parties of their own accord, free will and without any force, coercion, and undue influence. 7. That the Second Party further undertakes not to claim any right or initiate or pursue any litigation, claim, or proceedings of any kind whatsoever against the First Party or any of its constituents in relation to the Said Shop in terms of Section 19 of the Delhi Rent Control Act, 1958 or any other legislature and further undertake to agree to be bound by the present settlement in its letter and spirit. 8. That it has been mutually agreed between the First Party and Second Party, that in furtherance of the possession of the said Shop being handed over by the Second Party to the First Party, the Parties shall not litigate with each other with respect to any arrears or any other with aspect whatsoever with respect to the Said Shop, and shall cooperate with each other in order to withdraw all pending litigation arising between the First Party and Second Party with respect to the Said Shop, before the respective Courts of Law. 9. That none of the parties to this MOS shall back out from the present settlement/MOS and both shall remain bound by the terms and conditions of the present MOS. 10. That the contents of the present agreement /MOS have been understood, explaining them in vernacular language, by the parties as correct. 11. That this MOS has been signed and executed amongst the parties out of their free will and there is no coercion or undue influence or pressure upon either party of this document." 4. Further, during hearing, the Key of the demised premises has been handed over to the learned counsel for the respondents, which has been duly accepted. 5. As per the settlement, parties are ready to abide by all the terms and ready to not litigate for arrears of rent/user/occupational charges, if any, henceforth. 6. After hearing learned counsel for the parties and in terms of the settlement, we dispose of these appeals and the original litigation, that is, R.C. (Rev.) No.123 of 2022 pending before the High Court of Delhi. 7. The settlement deed dated 23.04.2025 be treated as part of this order. 8. 6. After hearing learned counsel for the parties and in terms of the settlement, we dispose of these appeals and the original litigation, that is, R.C. (Rev.) No.123 of 2022 pending before the High Court of Delhi. 7. The settlement deed dated 23.04.2025 be treated as part of this order. 8. All the litigation pending between the parties, either before the Trial court or before the High Court, be treated as disposed of in terms of the order passed by this Court. 9. In view of the above and in terms of the settlement, these appeals stand disposed of. Pending application(s), if any, shall stand disposed of.