Asha Ram Singhdia vs Dalip Kumar & Anr.
2019 Latest Caselaw 4314 Del

$~47

* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                  Judgment delivered on: 13.09.2019

+      RC.REV. 24/2019 & Crl. M.A. 1749/2019
ASHA RAM SINGHDIA                                        ..... Petitioner
                                   versus

DALIP KUMAR & ANR                                       ..... Respondents
Advocates who appeared in this case:
For the Petitioner:       Mr. Vipin Dilawari, Adv. with petitioner in person.

For the Respondent:         Mr. Nitya Sharma and Mr. Rajat Sharma, Advs.
                            with respondent in person.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                               JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner impugns order dated 14.09.2018, 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 a shop in property bearing No. 3045, Gali No. 37, opening towards Hardhyan Singh Road, Beadonpura, Karol Bagh, Delhi, more particularly as

shown in red 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 prays for grant of one year's time to vacate and handover the peaceful vacant possession of the tenanted premises to the respondent.

5. 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 12.09.2020. Petitioner further undertakes that he shall clear arrears of rent @ Rs. 410/- per month uptil 31.08.2019 thereafter from 01.09.2019 he shall pay Rs. 2000/- 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 12.09.2020.

6. 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.

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 14.09.2018 shall remain stayed till 12.09.2020.

11. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J SEPTEMBER 13, 2019 'rs'