Delhi High Court
Mohd. Akram & Anr. vs Safdar Ali & Anr. on 1 October, 2019
$~46
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 01.10.2019
+ RC.REV. 584/2019
MOHD AKRAM & ANR ..... Petitioners
versus
SAFDAR ALI & ANR ..... Respondents
Advocates who appeared in this case:
For the Petitioner: Mr.Sanat Kumar, Sr.Advocate with Mr.Yogesh
Chandna, Advocate.
For the Respondent: Mr.A.Maitri and Ms.Radhika Chandrashekhar,
Advocates.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
CM APPL.44371/2019 (exemption)
Allowed, subject to all just exceptions.
CM APPL.44373/2019 (condonation of delay)
Learned counsel for the petitioner submits that the application
was filed under a bonafide mistake that the limitation period for filing
the revision petition is 90 days. He submits that the rent revisions are
covered under Article 137 of the Limitation Act for which the
limitation would be three years.
He seeks leave to withdraw the application.
Application is dismissed as withdrawn.
RC.REV. 584/2019 & CM APPL. 44372/2019
1. Petitioners impugn order dated 09.01.2019, whereby, leave to
defend application of the petitioners has been dismissed and an
eviction order passed.
2. Respondents had filed the subject eviction petition seeking
eviction of the petitioners, on the ground of bonafide necessity under
Section 14(1) (e) of the Delhi Rent Control Act, 1958, from Shop
No.1973, Ward No.XI, Ground Floor, Kant Wali Building, Kalan
Mahal, Darya Ganj, New Delhi-110002, more particularly shown in
red colour in the site plan annexed with the eviction petition.
3. Learned senior counsel for the petitioners, under instructions
from the petitioners, seeks leave to withdraw the petition.
4. Learned senior counsel for the petitioners undertakes on behalf
of the petitioners that they shall vacate and handover the peaceful
vacant possession of the tenanted premises to the respondents on or
before 31.12.2020. Petitioners further undertake that they shall pay
Rs.3500/- per month as use and occupation charges with effect from
01.10.2019 till the time they hand over the peaceful vacant possession
of the tenanted premises to the respondents on or before 31.12.2020.
5. Petitioners further undertake that the petitioners shall clear all
water, electricity and other dues/charges in respect of the tenanted
premises before the petitioners vacate the premises. Petitioners
further undertake that the petitioners shall not sublet, assign or part
with the possession of the tenanted premises or any part thereof.
Petitioners further undertake that the petitioners shall not cause any
damage to the property and shall hand over the peaceful vacant
possession of the tenanted premises to the respondents in a condition
as existing today, subject to normal wear and tear.
6. The undertaking is accepted.
7. Learned Counsel for the Respondents submits that the
undertaking is acceptable to the respondents.
8. The Petition is accordingly dismissed as withdrawn.
9. On petitioners filing an affidavit of undertaking, within a period
of two weeks in the above terms, execution of the impugned order
dated 09.01.2019 shall remain stayed till 31.12.2020.
10. Order Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J
OCTOBER 01, 2019
rk
