Petitioner Permitted to Continue Occupying Subject Property Until Auction: Delhi High Court

In a recent judgment by the Delhi High Court, the Acting Chief Justice and Ms. Justice Manmeet Pritam Singh Arora allowed a limited relief in a property auction case. The judgment emphasized the importance of complying with Debt Recovery Tribunal (DRT) orders and imposed specific conditions on the petitioner.

The case (W.P.(C) 42/2024) involved the petitioner, Rahul Anil Ahuja, seeking the quashing of an order dated 03.10.2019 passed by the Presiding Officer of Debt Recovery Tribunal (DRT)-I in O.A. No. 889/2017 and recovery proceedings pending before the Recovery Officer in RC No. 294/2019. Additionally, the petitioner sought permission to participate in an auction scheduled for 22.03.2024 and to continue occupying the subject property until then.

The judgment highlighted the petitioner's liability to pay rent and arrears of rent, specifically referring to an order dated 25.10.2022 passed by DRT-II in SA No. 29/2018. It stressed the importance of complying with DRT orders and respecting the legal obligations arising from them.

"The Petitioner admits his liability to pay rent at Rs. 2 lakhs per month in accordance with the order dated 25.10.2022 passed by DRT-II in S.A. No. 294/2019. The Petitioner has thus, become liable to pay rent with effect from 25.10.2022."

"The Petitioner will be entitled to continue to occupy the subject property beyond 22.03.2024 only if he is declared as the successful bidder in the auction proceedings. In this scenario, the Petitioner will continue to remain liable to pay rent to Respondent No. 3 until he deposits the entire bid amount."

The judgment allowed the petitioner to continue occupying the subject property until 22.03.2024, subject to strict compliance with the imposed conditions. It stressed the importance of adhering to DRT orders and fulfilling the obligations related to rent payments. This decision provides clarity in a property dispute and underscores the significance of legal compliance in such matters.

Date of Decision: January 03, 2024

RAHUL ANIL AHUJA VS GURCHARAN DHA WAN & ORS.