Delhi High Court Grants Time-Bound Extension to Vacate Commercial Premises — “Undertaking Must Be Honoured or Interim Protection Will Stand Dissolved”: Relief Conditional on Payment of Monthly User Charges and Peaceful Handover Within Extended Deadline

Court’s Decision

The High Court of Delhi, in its ruling dated 25.02.2025, addressed an eviction dispute concerning a commercial property. The court directed that the petitioner must vacate the premises by 30.04.2025, with interim protections granted on the condition that an undertaking is filed. Failure to comply with these terms would automatically dissolve the interim protection, allowing the respondent to recover possession, arrears, and user charges.

Facts

The case involved a tenancy dispute over a commercial shop in New Delhi. An eviction order had previously been passed, and the petitioner sought additional time to vacate the premises. The respondent agreed to the extension, subject to the payment of user charges.

Issues

1. Whether the petitioner should be granted additional time to vacate the premises.
2. Whether the respondent is entitled to user charges until possession is handed over.
3. What legal obligations arise from the petitioner’s undertaking to vacate.

Petitioner’s Arguments

• The petitioner requested an extension until 30.04.2025 to vacate the premises.
• He assured the court that he would continue paying user charges.
• He agreed to file an undertaking confirming compliance with all obligations, including payment of dues and maintenance of the property.

Respondent’s Arguments

• The respondent agreed to grant time up to 30.04.2025, provided the petitioner continued to pay user charges of ₹18,000 per month.
• The respondent required the petitioner to submit an undertaking ensuring peaceful handover, payment of utility bills, and prevention of third-party claims.
• The respondent sought protections in case of non-compliance, including the right to recover possession and outstanding dues.

Analysis of the Law

The case primarily revolved around tenancy laws and eviction proceedings under the Delhi Rent Control Act. The law provides mechanisms for landlords to reclaim possession of premises, particularly when an eviction order has been passed. The court’s decision aligns with established principles allowing extensions under strict compliance conditions.

Precedent Analysis

The court referenced previous eviction matters where courts have granted time extensions subject to financial conditions. It upheld the principle that possession rights should be respected but must be balanced with the rights of the landlord to receive fair compensation.

Court’s Reasoning

The court found that both parties had reached a mutual agreement regarding vacating the premises by 30.04.2025. The petitioner’s commitment to an undertaking played a crucial role in the court’s decision to stay the execution of the eviction order. The reasoning emphasized:

• The necessity of a time-bound, enforceable undertaking.
• The importance of protecting the landlord’s financial interests.
• Ensuring compliance through conditional relief.

Conclusion

The petition was disposed of on the agreed terms. The petitioner must file an undertaking within a week. Failure to comply would lead to automatic dissolution of interim protection, allowing the respondent to enforce the eviction order and claim damages.

Implications

This judgment underscores the court’s discretion in balancing tenant and landlord rights in eviction cases. It reaffirms that while courts may grant additional time for vacating, such relief is conditional on compliance with financial and legal obligations.

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