Akhlaq vs Dayawati & Ors
2019 Latest Caselaw 6111 Del

$~18

* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                  Judgment delivered on: 28.11.2019

+      RC.REV. 236/2017

AKHLAQ                                                    ..... Petitioner
                                   versus

DAYAWATI & ORS                                          ..... Respondents
Advocates who appeared in this case:
For the Petitioner:       Mr. S.K. Bhalla, Advocate with petitioner in person.

For the Respondent:         Mr. Ranjeet Bedi and Mr. M. Wajid, Advocates
                            with respondent no. 1 in person.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
                               JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner impugns order dated 20.03.2017, 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 one shop on the ground floor of premises bearing no. 1911, Gali Kallu Wali. Chowk Suiwalan, Darya Ganj, New Delhi-110002, 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 petitioner shall vacate and handover the peaceful vacant possession of the tenanted premises to the respondent on or before 27.11.2021. Petitioner further undertakes that she shall pay a sum of ₹ 3000/- per month as use and occupation charges to the respondent till the time petitioner hands over the peaceful vacant possession of the tenanted premises to the respondent on or before 27.11.2021.

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 27.11.2021.

6. Petitioner further undertakes that petitioner shall not sublet, assign or part with the possession of the tenanted premises or any part thereof. Petitioner further undertakes that petitioners 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 Respondents submits that the

undertaking is acceptable to the respondents.

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 20.03.2017 shall remain stayed till 27.11.2021.

11. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J NOVEMBER 28, 2019 'rs'