Ram Badan vs Angoori Devi
2019 Latest Caselaw 5136 Del

$~3

* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                               Judgment delivered on: 22.10.2019

+      RC.REV. 123/2019 & CM APPL. 9431/2019
RAM BADAN                                          ..... Petitioner

                                versus
ANGOORI DEVI                                       ..... Respondent
Advocates who appeared in this case:
For the Petitioner:       Mr. Kamal Mehta, Advocate with petitioner in
                          person.

For the Respondent:      Mr.Amit Kumar Pandey, Advocate.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                            JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner impugns order dated 04.12.2018, whereby the leave to defend of the petitioner has been dismissed and an eviction petition 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 room on the first floor of House No.18, Gali No.2, Old Gobind Pura Ext. near Parwana Road, Delhi-110051, more particularly as shown in red

colour in the site plan filed before the Rent Controller.

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 21.10.2020. Petitioner further undertakes that he shall pay a sum of ₹ 2,000/- per month as use and occupation charges to the respondent till the time he hands over the peaceful vacant possession of the tenanted premises to the respondent on or before 21.10.2020.

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 21.10.2020. 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 he shall not cause any damage to the tenanted premises and shall hand over the peaceful and vacant possession of the tenanted premises 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 submits that the undertaking is acceptable to the respondent.

8. The Petition is accordingly dismissed as withdrawn.

9. On petitioners filing an affidavit of undertaking, within two weeks in the above terms, execution of the impugned order dated 04.12.2018 shall remain stayed till 21.10.2020.

10. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J OCTOBER 22, 2019 rk