M/S Dal Chand Prithavi Singh Jain & Anr vs. Narender Kumar
Held
The Court decided to dismiss the appeal as not pressed. The appellants were granted three months, until October 7, 2019, to hand over vacant and peaceful possession of the premises to the respondent. This time extension was conditional upon the appellants paying up-to-date arrears of mesne profits at the contractual rate, along with GST, and also paying up-to-date electricity and water charges within the three-month period. The appellants were required to file an affidavit of undertaking within one week. The Court made it clear that any violation of this undertaking would entitle the respondent to initiate contempt proceedings. The appeal was permitted to be withdrawn subject to the payment of costs of Rs. 5,000/- to the Delhi High Court Bar Association Library Fund within two weeks. The pending application for stay was also disposed of.
Facts
The appellants, M/s Dal Chand Prithvi Singh Jain & Anr., filed an appeal (RFA 215/2019) before the Delhi High Court against an order or decree for possession passed by a lower court. The respondent, Narender Kumar, was the party seeking possession. During the proceedings, the appellants, on instructions, stated they did not wish to press the appeal on merits. They sought three months' time to vacate the premises and undertook to pay up-to-date arrears of mesne profits at the contractual rate, along with GST, until the date of vacation. They also agreed to withdraw their suit for specific performance pending before the Additional District Judge and hand over vacant possession by October 8, 2019. The respondent accepted these terms and agreed to withdraw a criminal complaint and not pursue claims for mesne profits and damages.
Key Issues
1. Whether the appeal should be dismissed as not pressed, given the appellants' submission not to press the merits of the case? 2. What directions should be issued regarding the vacation of the premises, payment of mesne profits, and associated taxes, considering the undertakings given by both parties? Petitioner/Appellant's Arguments: The appellants, through their counsel, stated on instructions that they did not press the appeal on its merits. They requested three months to vacate the premises and undertook to pay arrears of mesne profits at the contractual rate, including GST, until vacation. They also committed to withdrawing their suit for specific performance and handing over vacant possession by October 8, 2019. Respondent's Arguments: The respondent accepted the appellants' proposal. In return, the respondent assured the Court that he would withdraw his criminal complaint and not pursue claims for mesne profits and damages pending before the Additional District Judge.
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Cause title — parties, addresses and appearances
O R D E R %
2019
After detailed arguments, learned counsel for the appellants on instructions from the appellant who is present in Court along with his son namely Mr.Gaurav Jain submits that he does not press the appeal on merits and prays for three months’ time to vacate the premises. He further submits, on instructions, that the appellants will withdraw his suit for specific performance pending before the Court of learned Additional District Judge, Tis Hazari Courts. He further undertakes that the appellant will pay the upto date arrears of mesne profits at the contractual rate along with GST, until the date of vacation of the premises, to the respondent within a period of three months. He further submits that the appel
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