Delhi High Court
Tanveer Ahmed vs Qureshia Begam on 1 October, 2019
$~35
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 01.10.2019
+ RC.REV. 582/2016 & CM APPL.10997/2018
TANVEER AHMED ..... Petitioner
versus
QURESHIA BEGAM ..... Respondent
Advocates who appeared in this case:
For the Petitioner: Mr. R.L. Kohli, Advocate
For the Respondent: Ms. Deepika V. Marwaha, Ms. Worthing Kasar,
Mr. Alok Pandey and Ms. Paunika Johar, Advocates
for R-1(a) & (b)
Mr. Lalit Gupta and Mr. Himank Ahuja, Advocate
for R-1 (e)
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. Petitioner impugns order dated 23.08.2016, whereby the Leave
to defend application of the petitioner has been dismissed by the Rent
Controller 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 one
room/store on the ground floor along with right of common area
situated at property No. 2192, Gali Nal Wali, Pahari, Bhojla Bazar,
Chitli Qabar, Turkman Gate, Delhi more particularly as shown in
green colour in the site plan attached to the eviction petition.
3. Learned counsel for the petitioner under instructions from the
petitioner, who is present in Court in person, 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 30.09.2020.
Petitioner further undertakes that he shall pay Rs. 5000/- per month as
use and occupation charges till the time he hands over the peaceful
vacant possession of the tenanted premises to the respondent on or
before 30.09.2020.
5. Petitioner further undertakes that he shall clear all water,
electricity and other dues/charges in respect of the tenanted premises
before he vacates the premises. He further undertakes that he shall
not sublet, assign or part with the possession of the entire or any
portion of the tenanted premises to any third party. He further
undertakes that he shall not cause any damage to the tenanted
premises and shall handover the same in the condition as it exists
today, subject to normal wear and tear.
6. Petitioner further undertakes that he shall not block the
common passage.
7. The undertaking is accepted.
8. Learned counsel for the respondent under instructions from the
respondent submits that the undertaking is also acceptable to the
respondent.
9. In view of the above, the petition is dismissed as withdrawn.
10. Subject to petitioner filing an affidavit of undertaking in the
above terms within a period of two weeks from today, execution of
the impugned order dated 23.08.2016 shall remain stayed till
30.09.2020.
11. Order Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J,
OCTOBER 01, 2019
'rs'
