Delhi High Court
Umesh Kumar & Anr vs Ram Kaur ( Deceased ) Thr Lrs on 6 December, 2019
$~33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 06.12.2019
+ RC.REV. 182/2018 & CM APPL. 17620/2018
UMESH KUMAR & ANR ..... Petitioners
versus
RAM KAUR ( DECEASED ) THR LRS ..... Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. M.L.Mahajan with Mr.Gaurav Mahajan and
Ms.Meena Mahajan, Advocates.
For the Respondent: Mr.G.P.Thareja, Advocate.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. Petitioners impugn order dated 29.01.2018, whereby the Leave
to defend application of the petitioners has been dismissed by the Rent
Controller and an eviction order passed.
2. Respondents 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 shop (Corner), Ground Floor in property No.1/20,
Road No.20, East Punjabi Bagh, New Delhi-110026, more
particularly as shown in red colour in the site plan attached to the
eviction petition.
3. Learned counsel for the petitioners under instructions from
petitioners, who are present in Court in person, seeks leave to
withdraw the petition.
4. Petitioners who are present in Court in person, undertake that
they shall vacate and handover the peaceful vacant possession of the
tenanted premises to the respondents on or before 31.03.2021.
Petitioners further undertake that they shall continue to pay use and
occupation charges at the monthly rate of Rs. 5,000/- per month till
they vacate the tenanted premises on or before 31.03.2021.
5. Petitioners further undertakes that they shall clear all water,
electricity and other dues/charges in respect of the tenanted premises
before they vacate the premises. They further undertake that they
shall not sublet, assign or part with the possession of the entire or any
portion of the tenanted premises to any third party.
6. Petitioners further undertake that they 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 it is existing today, subject to normal maintenance.
7. The undertaking is accepted.
8. Learned counsel for the respondents under instructions from the
respondents submits that the undertaking is also acceptable to the
respondents.
9. In view of the above, the petition is dismissed as withdrawn.
10. Subject to petitioners filing an affidavit of undertaking in the
above terms within a period of two weeks from today, execution of
the impugned order dated 29.01.2018 shall remain stayed till
31.03.2021.
11. Order Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J
DECEMBER 06, 2019
rk
