Delhi High Court
Jinender Kumar vs Chander Shekhar Lodhi & Anr on 3 December, 2019
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 03.12.2019
+ RC.REV. 526/2019
JINENDER KUMAR ..... Petitioner
versus
CHANDER SHEKHAR LODHI & ANR ..... Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. Amit Punj, Advocate.
For the Respondent: Mr. Sajid Chaudhary with Mr. Arshad Ali,
Mr. Rashid Hasan, Advocates for respondent No.1
with respondent No.1 in person.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
RC.REV. 526/2019 & CM APPL.39973/2019 (stay)
1. Respondent Nos.2(a) to 2(c) have been unserved.
2. It is pointed out by learned counsel for the petitioner that
respondent No.2 was also the respondent No.2 before the Rent
Controller and he did not file leave to defend application and he has
not even impugned the eviction order.
3. Service of respondent No.2(a) to 2(c) is, accordingly, dispensed
with.
4. Petitioner impugns order dated 08.05.2019, whereby the leave
to defend application of the petitioner was dismissed and an eviction
order passed.
5. 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 room
(Hall) on Ground Floor of Property bearing No.363, measuring 21.96
Sq. Yards, situated at Kuncha Bulaqi Begum, Esplande Road, Cycle
Market, Chandani Chowk, Delhi, more particularly as shown in red
colour in the site plan annexed with the eviction petition.
6. Learned counsel for the petitioner seeks leave to withdraw the
petition. He further submits that he has instructions on behalf of the
petitioner to undertake that petitioner shall vacate and handover the
peaceful vacant possession of the tenanted premises to the respondent
on or before 31.05.2020. He further undertakes that Petitioner shall
pay a sum of Rs.3500/- per month as use and occupation charges to
the respondent till the time petitioner hands over the peaceful vacant
possession of the tenanted premises to the respondent on or before
31.05.2020.
7. Learned counsel for the Petitioner further undertakes on behalf
of the petitioner that petitioner shall clear all water, electricity and
other dues/charges in respect of the tenanted premises before the
petitioner vacates the premises on or before 31.05.2020. Learned
counsel for the Petitioner further undertakes on behalf of the petitioner
that the petitioner shall not sublet, assign or part with the possession
of the tenanted premises or any part thereof. He further undertakes
that petitioner 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.
8. The undertaking is accepted.
9. Learned Counsel for the Respondent submits that the
undertaking is acceptable to the respondent.
10. Petition is, accordingly, dismissed as withdrawn.
11. Subject to petitioner filing an affidavit of undertaking in the
above terms, within a period of two weeks, execution of the impugned
order dated 08.05.2019 shall remain stayed till 31.05.2020.
12. Order Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J
DECEMBER 03, 2019
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