Delhi High Court
Nikunj Singhania vs Sehgal Sons on 1 November, 2019
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 01.11.2019
+ RC.REV. 241/2018
NIKUNJ SINGHANIA ..... Petitioner
versus
SEHGAL SONS ..... Respondent
Advocates who appeared in this case:
For the Petitioner: Mr. Sonal Sinha, Advocate.
For the Respondent: Mr. Sourabh Banerjee, Advocate.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. Petitioner/landlord impugns order dated 06.10.2017, whereby
the eviction petition filed by the petitioner was dismissed after Trial.
2. Petitioner had filed the subject eviction petition seeking
eviction of the respondent on the ground of bonafide necessity under
Section 14(1) (e) of Delhi Rent Control Act, 1958 from two rooms
along with toilet bearing private Nos.10 & 17 on the backside of the
ground floor of property bearing No.A-14/3, Asaf Ali Road, New
Delhi, more particularly as shown in red colour in the site plan
attached to the eviction petition.
3. Parties were referred to mediation and a mediation settlement
dated 01.11.2019 has been executed between the parties. As per the
settlement agreement, respondent has admitted and agreed to the
claim of the petitioner.
4. Learned counsel for the respondent submits that he has
instructions to undertake on behalf of the respondent that the
respondent admits that petitioner is the owner and landlord of the
subject property. He further admits that the need as projected by the
petitioner in the eviction petition is bonafide and that petitioner does
not have any other alternative suitable accommodation for the purpose
for which the eviction petition has been filed.
5. Further it is admitted and also recorded in the settlement
agreement that Respondent has no objection to the impugned order
dated 06.10.2017 being set aside and an eviction order being passed.
6. In view of the above and in view of the settlement agreement,
impugned order dated 06.10.2017 is set aside, the Revision Petition
and the eviction petition are allowed and an eviction order is passed
in favour of the petitioner and against the respondent in respect of two
rooms along with toilet bearing private Nos. 10 & 17 on the backside
of the ground floor of property bearing No.A-14/3, Asaf Ali Road,
New Delhi more particularly as shown in red colour in the Site Plan
annexed to the Eviction Petition (Exhibit AW 1/1).
7. Learned Counsel for the Respondent submits that the
Respondent undertakes to vacate and handover the peaceful vacant
possession of the tenanted premises to the petitioner on or before
31.03.2022. Respondent further undertakes that he shall pay a sum
pay Rs. 25,000/- per month as use and occupation charges with effect
from 01.12.2019 till the time he hands over the peaceful vacant
possession of the tenanted premises to the respondent on or before
31.03.2022.
8. Learned Counsel for the Respondent submits that the
Respondent further undertakes that he shall clear all water, electricity
and other dues/charges in respect of the tenanted premises before he
vacates the premises on or before 31.03.2022. He further undertakes
that he shall not sublet, assign or part with the possession of the
tenanted premises or any part thereof. He further undertakes that he
shall not cause any damage to the tenanted premises and hand over the
possession of the same to the petitioner in the same condition as it
exists today subject to normal wear and tear.
9. Learned Counsel for the Respondent submits that Respondent
undertakes that in case he does not vacate the premises on or before
31.03.2022, he shall be liable to pay use and occupation charges at the
rate of Rs.3500/- per day. It is further undertaken in Court that
payment of use and occupation charges at the rate of Rs.3500/- per
day would be without prejudice to the right of the petitioner to seek
execution of this order.
10. The undertaking is accepted.
11. Learned counsel for the petitioner under instructions from the
petitioner submits that the undertaking is also acceptable to the
petitioner.
12. Subject to respondent filing an affidavit of undertaking in the
above terms within a period of four weeks from today, execution of
this order shall remain stayed till 31.03.2022.
13. Petition is allowed in the above terms.
14. Order Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J
NOVEMBER 01, 2019
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