Delhi High Court
Inder Kumar & Anr vs Braham Parkash on 15 November, 2019
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 15.11.2019
+ RC.REV. 538/2018
INDER KUMAR & ANR ..... Petitioners
versus
BRAHAM PARKASH ..... Respondent
Advocates who appeared in this case:
For the Petitioner: Mr. Ajai Vatan, Advocate with petitioner No.1 in person.
For the Respondent: Mr. Shiv Charan Garg with Mr. Imran Khan, Advocates.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
RC.REV. 538/2018 & CM APPL.47699/2018 (stay), CM
APPL.47701/2018 (for condonation of delay), CM
APPL.4736/2019 (for directions)
1. Petitioners impugn order dated 23.05.2018, whereby the leave
to defend application of the petitioners was dismissed and an eviction
order passed.
2. Respondent had filed the subject eviction petition seeking
eviction of the petitioner on the ground of bonafide necessity under
Section 14(1) (e) of Delhi Rent Control Act, 1958 from the premises
being part of property No.6539 to 6542, presently known as Plot
No.48, D-Block, Kamla Nagar, Delhi 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 the
petitioner No.1, who is present in Court in person, seeks leave to
withdraw the petition.
4. Petitioner No.1, who is present in Court in person, undertakes
on his behalf as also on behalf of petitioner No.2 that they shall vacate
and handover the peaceful vacant possession of the tenanted premises
to the respondent on or before 31.05.2021. Petitioners further
undertake that they shall pay a sum pay Rs. 70,000/- per month as use
and occupation charges with effect from 01.12.2019 till the time they
hands over the peaceful vacant possession of the tenanted premises to
the respondent on or before 31.05.2021.
5. Petitioners further undertake that they shall clear all water,
electricity and other dues/charges in respect of the tenanted premises
before they vacate the premises on or before 31.05.2021. They further
undertake that they shall not sublet, assign or part with the possession
of the tenanted premises or any part thereof. They further undertake
that they shall not cause any damage to the tenanted premises and
hand over the possession of the same to the Respondent in the same
condition as it exists today subject to normal wear and tear.
6. The undertaking is accepted.
7. Learned counsel for the respondent under instructions from the
respondent submits that the undertaking is also acceptable to the
respondent.
8. In view of the above, the petition is dismissed as withdrawn.
9. Subject to petitioners filing an affidavit of undertaking in the
above terms within a period of four weeks from today, execution of
the impugned order dated 23.05.2018 shall remain stayed till
31.05.2021.
10. Order Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J
NOVEMBER 15, 2019
st
