High CourtsSingle Bench

Sanjay Sharma vs Fakir Chand Gupta & Anr

Delhi High Court · Decided on 14 February 2020 · Citation: (2020) 02 DEL CK 0139

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. 402 Of 2018
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Judgment

21 paragraphs · 348 words

Sanjeev Sachdeva, J

1.

Petitioner impugns order dated 07.05.2018, whereby the eviction petition filed by the respondents has been allowed after trial.

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 two rooms, open Courtyard, one toilet, passage and one kitchen at the ground floor of property bearing

No.417, Katra Maidgran, Khari Baoli, Delhi-110006, 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 respondents on or before 13.08.2021. Petitioner further undertakes that he shall continue to pay a sum of Rs. 5,000/- 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 respondents on or

before 13.08.2021.

5.

Petitioner further undertakes that he shall clear all water, electricity and other dues/charges in respect of the tenanted premises before the petitioner

vacates the premises on or before 13.08.2021. Petitioner further undertakes that the he shall not sublet, assign or part with the possession of the

tenanted premises or any part thereof.

6.

Petitioner further undertakes that the he 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 Respondents submits that the undertaking is acceptable to the respondents.

9.

The Petition is accordingly dismissed as withdrawn.

10.

Subject to petitioner filing an affidavit of undertaking, within two weeks in the above terms, execution of the impugned order dated 07.05.2018 shall

remain stayed till 13.08.2021.

11.

Order Dasti under signatures of the Court Master.