High CourtsSingle Bench(2020) 02 DEL CK 0251

Sarwan Kumar vs Subhah Chand Gupta

Delhi High Court · Decided on 18 February 2020

HON’BLE JUDGES
Sanjeev Sachdeva, J
RESULT
Disposed Of
CASE NUMBER
RC. Revision No. 1 Of 2020, Civil Miscellaneous Application No. 12 Of 2020

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Judgment

21 paragraphs · 371 words

Sanjeev Sachdeva, J

1.

Petitioner impugns order dated 21.08.2019, whereby the leave to defend application has been 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, in respect of Shop bearing Pvt. No. 2 in 10893, East Park Road, Manakpura, Karol Bagh, New Delhi â€" 110005.

3.

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

4.

Learned Counsel for the Petitioner under instructions from the Son of the petitioner, who is present in Court in person, undertakes that petitioner

shall vacate and handover the peaceful vacant possession of the tenanted premises to the respondent on or before 30.06.2020. He further undertakes

that Petitioner shall continue to pay a sum of Rs. 180/- per month as use and occupation charges to the respondent till the time he hands over the

peaceful vacant possession of the tenanted premises to the respondent on or before 30.06.2020. He further undertakes that that petitioner shall clear

the arrears of rent at the rate of Rs.180/- for the last three years within four weeks.

5.

He 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 30.06.2020. He further undertakes that Petitioner shall not sublet, assign or part with the possession of the

tenanted premises or any part thereof.

6.

He 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 respondents in a condition as existing today, subject to normal wear and tear.

7.

The undertaking is accepted.

8.

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

9.

The Petition is accordingly dismissed as withdrawn. Pending application also stands disposed of.

10.

Subject to petitioner filing an affidavit of undertaking, within a period of two weeks in the above terms, execution of the impugned order dated

21.08.2019 shall remain stayed till 30.06.2020.

11.

Order Dasti under signatures of the Court Master.