Rajesh Mehta vs Jawahar Hans
2019 Latest Caselaw 4666 Del

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                Judgment delivered on: 27.09.2019
+      RC.REV. 1/2019
       RAJESH MEHTA                                       ..... Petitioner

                                 versus

       JAWAHAR HANS                                  ..... Respondent
Advocates who appeared in this case:
For the Petitioner:       Mr.Kuldeep Balhara, Advocate.

For the Respondent:       Mr.Parmod Kumar Singhal, Advocate.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                             JUDGMENT

SANJEEV SACHDEVA, J. (ORAL) CM APPL.43588/2019 (Exemption)

Allowed, subject to all just exceptions.

RC.REV. 1/2019 & CM APPL. 43586/2019 & 43587/2019

1. The Petition is listed for hearing because of fresh application filed by the Petitioner. With the consent of parties the Revision Petition is taken up for final disposal. The next date of 21.01.2020 is cancelled.

2. Petitioner impugns order dated 13.08.2018, whereby, leave to

defend application of the petitioner has been dismissed and an eviction order passed.

3. Respondent had filed the subject eviction petition seeking eviction of the petitioner, on the ground of bonafide necessity under Section 14(1) (e) of the Delhi Rent Control Act, 1958, from Property No.678, Ground floor, Main Bazar, Subzi Mandi, Delhi-110007, more particularly shown in red colour in the site plan annexed with the eviction petition.

4. Learned counsel for the petitioner, under instructions from the petitioner who appears in person, seeks leave to withdraw the petition.

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 31.03.2020. Petitioner further undertakes that he shall pay Rs. 1000/- 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 31.03.2020.

6. Petitioner further undertakes that the petitioner shall clear all water, electricity and other dues/charges in respect of the tenanted premises before the petitioner vacates the premises. Petitioner further undertakes that the petitioner shall not sublet, assign or part with the possession of the tenanted premises or any part thereof. Petitioner

further undertakes that the petitioner 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 it is existing today, subject to normal wear and tear.

7. The undertaking is accepted.

8. Learned Counsel for the Respondent submits that the undertaking is acceptable to the respondent.

9. The Petition is accordingly dismissed as withdrawn.

10. On petitioner filing an affidavit of undertaking, within a period of two weeks in the above terms, execution of the impugned order dated 13.08.2018 shall remain stayed till 31.03.2020.

11. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J SEPTEMBER 27, 2019 rk