Sita Ram vs Sanam Aggarwal
2019 Latest Caselaw 6277 Del

$~9

* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                          Judgment delivered on: 05.12.2019
+      RC.REV. 614/2019 & CM APPL. 47460/2019
SITA RAM                                             ..... Petitioner
                                 versus

SANAM AGGARWAL                                      ..... Respondent
Advocates who appeared in this case:
For the Petitioner:       Mr. S.D. Baloni, Advocate with petitioner in
                          person.

For the Respondent:       Mr. Brij Bhushan Gupta, Sr. Advocate with Mr.
                          Lalit Gupta and Mr. Siddharth Awana, Advocates

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                             JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

CM APPL. 47459/2019 (Exemption) Allowed, subject to all just exceptions.

CAV. 1087/2019

Since learned counsel for the respondent/caveator has entered appearance, caveat stands discharged.

RC.REV. 614/2019 & 47458/2019 (stay)

1. Petitioners impugn order dated 01.05.2019, whereby the Leave

to defend application of the petitioner has been dismissed by the Rent Controller and an eviction order passed.

2. Respondent had filed the subject eviction petition seeking eviction of the petitioners on the ground of bonafide necessity under Section 14(1) (e) of Delhi Rent Control Act, 1958 from the tenanted premises being one shop measuring 19 ft. X 7 ft. (12.35 sq. meters approximately) bearing Municipal No. 4630, Ground Floor, Ward No. 7, Main Bazaar, Ajmeri Gate, Delhi-110006, more particularly as shown in red colour in the site plan attached to the eviction petition.

3. Learned counsel for the petitioner under instructions from petitioner, who is present in Court in person, 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 respondent on or before 04.06.2020. Petitioner further undertakes that he shall continue to pay use and occupation charges at the monthly rate of Rs. 66.17 per month.

5. Petitioner further undertakes that he shall clear all water, electricity and other dues/charges in respect of the tenanted premises before he vacates the premises. He further undertakes that he shall not sublet, assign or part with the possession of the entire or any portion of the tenanted premises to any third party.

6. Petitioner further undertakes that he 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 it is existing today, subject to normal maintenance.

7. The undertaking is accepted.

8. Learned counsel for the respondent under instructions from the respondent submits that the undertaking is also acceptable to the respondent.

9. In view of the above, the petition is dismissed as withdrawn.

10. Subject to petitioner filing an affidavit of undertaking in the above terms within a period of two weeks from today, execution of the impugned order dated 01.05.2019 shall remain stayed till 04.06.2020.

11. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J DECEMBER 05, 2019 'rs'