GARGI KHANNA Vs. ARUN CARPETS

JUDGEMENT

(1.) The petitioner let out premises No. D-17, Defence Colony, New Delhi to the respondent through their Managing Partner Mrs. Kamini Sodhani vide registered lease deed dated 27,9.1992 for a period of two years commencing from 1st October, 1972 for residential purpsoe. Since the respondent did not vacate the premises, the petitioner Filed an, eviction petition under Section 14(l),(a), (c),(d),(e),(h),(j) and (k) of the Delhi Rent Control Act, 1958 for eviction of the respondents. During the pendency of the eviction petition, the parties arrived at a compromise and a compromise application was filed before the learned Additional Rent Controller on 4.1.1978. The Additional Rent Controller on 6.1.1978 disposed of the eviction petition in terms of the compromise. The respondents failed to hand over the vacant possession and also did not pay the amount agreed by them towards the damages for the use and occupation of the premises even after the period agreed to by the petitioner had expired, in terms of the order dated 6.1.1978. Therefore, the petitioner Filed execution petition No. 4/82 and also Filed a suit for recovery of Rs. 8,000.00 for arrears of compensation and damages. During the pendency of the execution petition the petitioner filed a petition under Article 227 of the Constitution of India assailing the <PG>511</PG> procedure adopted by the Additional Rent Controller, Delhi, in Execution Petition No.4 of 1982. This petition was registered as CM(M) 189/86.

(2.) During the pendency of CM(M) the petitiner agreed not to execute the decree till 31st December, 1988 provided the respondents were willing to give an undertaking to the Court to hand over vacant and peaceful possession of the premises to the petitioner on or before 31.12.1988 as also the arrears of rent. Consequently, the respondents filed the undertakings in the form of affidavits of Mrs. Kamini Sodhani wife of Mr. Arun K. Sodhani and Mr. Arun Sodhani and CM(M) was disposed of on 19th November, 1986 by Sunanda Bhandare, J. accepting the undertakings given by Mrs. Kamini Sodhani and Mr. Arun K. Sodhani and directing the respondents to hand over the vacant and peaceful possession to the petitioner or their legal heirs mentioned in the affidavit on or before 31.12.1988 and to make the payment of damages for use and occupation of the premises in dispute as undertaken in the affidavits. The objections filed in Execution Petition 4/82 by the respondents also stood dismissed.

(3.) One of the clauses contained in the affidavit of Mrs. Kamini Sodhani, namely Clause (b), reads as udner: