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Judgment
22 paragraphs · 371 wordsSanjeev Sachdeva, J
Petitioners impugn order dated 02.04.2019, whereby the Leave to defend application of the petitioners has been dismissed and an eviction order
passed.
Respondent had filed the subject eviction petition seeking eviction of the petitioner on the ground of bonafide necessity under Section 14(1) (e) of
Delhi Rent Control Act, 1958 with regard to shop situated at the ground floor in property bearing House No.X/568, Gali No.9, Raghubar Pura-I,
Gandhi Nagar, Delhi-110031, more particularly as shown in red colour in the site plan attached to the eviction petition.
Learned counsel for the petitioners under instructions from the petitioners who are present in court seeks leave to withdraw the petition.
Petitioners who are present in Court in person, undertake that they shall vacate and handover the peaceful vacant possession of the tenanted
premises to the respondent on or before 30.06.2021. Petitioners further undertake that petitioners shall pay use and occupation charges at the rate of
Rs. 3000/- per month with effect from 01.11.2019 till the time they hand over the peaceful vacant possession of the tenanted premises to the
respondent on or before 30.06.2021. Petitioners further undertake to clear the arrears of use and occupation charges within a period of four weeks
from today.
Petitioners further undertake that they shall clear all water, electricity and other dues/charges in respect of the tenanted premises before he vacates
the premises. They further undertake that they shall not sublet, assign or part with the possession of the tenanted premises or any part thereof. They
further undertake that they shall not cause any damage to the tenanted premises and shall hand over the possession of the same in the condition as it
exists today subject to normal wear and tear.
The undertaking is accepted.
Learned counsel for the respondent under instructions from the respondent submits that the undertaking is also acceptable to the respondent.
In view of the above, the petition is dismissed as withdrawn.
Subject to petitioners filing affidavit of undertaking in the above terms within a period of two weeks from today, execution of the impugned order
dated 02.04.2019 shall remain stayed till 30.06.2021.
Order Dasti under signatures of the Court Master.