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Judgment
23 paragraphs · 339 wordsSanjeev Sachdeva, J
CM APPL. 5928/2020 (Exemption)
Allowed, subject to all just exceptions.
RC.REV. 92/2020 & CM APPL. 5927/2020
Petitioner impugns order dated 09.10.2019, whereby the leave to defend application of the petitioner has been dismissed and an eviction order
passed.
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 one shop at ground floor bearing No.13/2-B1, Gali Khari Kuan, Chawri Bazar, Delhi, more particularly as
shown in red colour in the site plan annexed with the eviction petition.
Learned counsel for the petitioner under instructions from the petitioner who is present in person seeks leave to withdraw the petition. Petitioner
undertakes that he shall vacate and handover the peaceful vacant possession of the tenanted premises to the respondent on or before 30.06.2020.
Petitioner undertakes that the arrears of rent shall be cleared by the petitioner. He further undertakes that he shall pay use and occupation charges at
the agreed rate of rent till 30.06.2020.
Petitioner further undertakes that he shall clear all water, electricity and other dues/charges in respect of the tenanted premises before he vacates
the premises on or before 30.06.2020. Petitioner further undertakes that he shall not sublet, assign or part with the possession of the tenanted premises
or any part thereof. He further undertakes that he shall not cause any damage to the tenanted premises and shall hand over the peaceful and vacant
possession of the tenanted premises in the same condition as it exists today subject to normal wear and tear.
The undertaking is accepted.
Learned Counsel for the Respondent submits that the undertaking is acceptable to the respondent.
Petition is, accordingly, dismissed as withdrawn.
Subject to petitioner filing an affidavit of undertaking in the above terms, within a period of two weeks, execution of the impugned order dated
09.10.2019 shall remain stayed till 30.06.2020.
Order Dasti under signatures of the Court Master.