Smt. Indrani Seth vs Sh. J.P. Trivedi
2006 Latest Caselaw 409 Del

JUDGMENT

R.S. Sodhi, J.

1. This petition is directed against order dated 26.2.2005 passed by the Additional Rent Controller, Delhi, in Suit No. E-140/2003 allowing the petition of the respondent-landlord under Section 14(1)(e) read with Section 25-B of the Delhi Rent Control Act.

2. Heard counsel for the parties. The petitioner-tenant wants time to vacate the premises in question. Learned counsel submits that the petitioner is a lady of 90 years of age with fractured hip bone. He prays that some time be given to her to vacate the premises.

3. Taking into consideration the totality of the circumstances and keeping in view the fact that the tenant is 90 years old lady with physically challenged for the moment, I have been able to persuade counsel for the respondent to give thirteen months' time to vacate the premises in question. Counsel for the respondent has no objection provided the petitioner gives an undertaking to this court to the effect that she shall vacate the premises on or before 31st March, 2007; she shall not create any third party interest in the property in question, she shall hand over the vacant and peaceful possession of the property to the respondent and shall continue to pay agreed rent. It is ordered accordingly. The undertaking is directed to be filed within a period of two weeks from today.

4. RC.REV. 61 OF 2005 & C.M.6730/2005, 12314, and 12458/2005 are disposed of. In the event, such an undertaking is not given with in the granted time, the matter shall stand dismissed.