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M/S Manoj Kumar Kumar Sanjay Kumar vs Krishan Sharma

Delhi High Court · Decided on 27 September 2019 · Citation: (2019) 09 DEL CK 0405

HON’BLE JUDGES
Sanjeev Sachdeva, J
ACTS & SECTIONS REFERRED
Delhi Rent Control Act, 1958 — Section 14(1)(e)
RESULT
Disposed Of
CASE NUMBER
RC.Revision No. 354 Of 2019, Civil Miscellaneous Application No. 26659, 26660, 29118 Of 2019
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Judgment

11 paragraphs · 321 words

Sanjeev Sachdeva, J

1.

Petitioner impugns order dated 13.11.2018, whereby, leave to defend application of the petitioner has been dismissed and an eviction order passed.

2.

Respondent had filed the subject eviction petition seeking eviction of the petitioner, on the ground of bonafide necessity under Section 14(1) (e) of the Delhi Rent Control Act, 1958, from bearing Shop No. 2, ground floor at IX/5896, Geeta Gali, Subhash Mohalla, Gandhi Nagar, Delhi-31, 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.

The petitioner undertakes that he shall vacate and handover the peaceful vacant possession of the tenanted premises to the respondent on or before 31.12.2020. Petitioner further undertakes that he shall pay Rs. 3000/- per month as use and occupation charges till the time he hands over the peaceful vacant possession of the tenanted premises to the respondent on or before 31.12.2020.

5.

Petitioner further undertakes that the petitioner shall clear all water, electricity and other dues/charges in respect of the tenanted premises before the petitioner vacates the premises. Petitioner further undertakes that the petitioner shall not sublet, assign or part with the possession of the tenanted premises or any part thereof. Petitioner further undertakes that the 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.

The undertaking is accepted.

7.

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

8.

The Petition is accordingly dismissed as withdrawn.

9.

On petitioner filing an affidavit of undertaking, within two weeks in the above terms, execution of the impugned order dated 13.11.2018 shall remain stayed till 31.12.2020.

10.

Order Dasti under signatures of the Court Master.