Kishan Lal vs Sushil Kumar & Ors.
2019 Latest Caselaw 6109 Del

$~33

* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                Judgment delivered on: 28.11.2019
+      RC.REV. 453/2019
KISHAN LAL                                              ..... Petitioner
                                 versus

SUSHIL KUMAR & ORS                                    ..... Respondents
Advocates who appeared in this case:
For the Petitioner:       Mr. J.S. Kanwar, Advocate

For the Respondent:       Mr. G.K. Kaushik, Mr. Abhinav Kaushik and Mr.
                          Nandan Goel, Advocates

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
                             JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner impugns order dated 18.03.2019, whereby the leave to defend application of the petitioner was dismissed and an eviction order passed.

2. 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 tenanted premises on the ground floor bearing shop No. B-69/1, Jagat Puri, Gali Shiv Mandir Wali, Delhi, more particularly as shown in red colour in the site plan annexed with the eviction petition.

3. Learned counsel for the petitioner, under instructions from the petitioner, 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 31.05.2020. He further undertakes that he shall pay a sum of ₹ 5000/- per month as use and occupation charges w.e.f. 01.09.2019 to the respondent till the time he hands over the peaceful vacant possession of the tenanted premises to the respondent on or before 31.05.2020. Petitioner undertakes that the arrears of use and occupation charges shall be cleared within four weeks.

5. Petitioner further undertakes 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.

6. Petitioner further undertakes that 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 property and shall hand over the peaceful vacant possession of the tenanted premises to the respondent in a condition as existing today, subject to normal wear and tear.

7. The undertaking is accepted.

8. Learned Counsel for the Respondent submits that the

undertaking is acceptable to the respondent.

9. The Petition is accordingly dismissed as withdrawn.

10. Subject to petitioner filing an affidavit of undertaking in the above terms, within a period of two weeks, execution of the impugned order dated 18.03.2019 shall remain stayed till 31.05.2020.

11. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J NOVEMBER 28, 2019 'rs'