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High CourtsSingle Bench(2019) 11 DEL CK 0423

Laxman Dass Chhabra vs Sat Prakash Grover

Delhi High Court · Decided on 28 November 2019

HON’BLE JUDGES
Sanjeev Sachdeva, J
RESULT
Disposed Of
CASE NUMBER
RC.Revision No. 62 Of 2019

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Judgment

13 paragraphs · 317 words

Sanjeev Sachdeva, J

RC.REV. 62/2019 & CM APPL.5185/2019 (stay)

1.

Petitioner impugns order dated 26.09.2018, whereby the leave to defend application of the petitioner was dismissed and an eviction order passed.

2.

Subject eviction petition was filed by the respondent seeking eviction of the petitioner on the ground of bonafide necessity under Section 14(1) (e) of the Delhi Rent Control Act, 1958, from the first floor of property bearing No.6148, Pakki Gali, Bara Hindu Rao, Delhi more particularly as shown in red colour in the site plan annexed with the eviction petition.

3.

Learned counsel for the petitioner, under instructions from the petitioner, seeks leave to withdraw the petition.

4.

Petitioner, who is present in Court in person, undertakes that he shall vacate and handover the peaceful vacant possession of the tenanted premises to the respondent on or before 31.05.2020.

5.

Petitioner further undertakes that petitioner shall clear all water, electricity and other dues/charges in respect of the tenanted premises before the petitioner vacates the premises on or before 31.05.2020. Petitioner further undertakes that petitioner shall not sublet, assign or part with the possession of the tenanted premises or any part thereof. Petitioner further undertakes that petitioner shall not cause any damage to the property and shall hand over the peaceful vacant possession of the tenanted premises to the respondent in a condition as existing today, subject to normal wear and tear.

6.

Learned counsels for the parties submit that the use and occupation charges till 31.05.2020 have been settled.

7.

The undertaking is accepted.

8.

Learned Counsel for the Respondent submits that the undertaking is acceptable to the respondent.

9.

Petition is, accordingly, dismissed as withdrawn.

10.

Subject to petitioner filing an affidavit of undertaking in the above terms, within a period of two weeks, execution of the impugned order dated 26.09.2018 shall remain stayed till 31.05.2020.

11.

Order Dasti under signatures of the Court Master.