Mittal Hardware Store & Anr vs Kela Devi
2020 Latest Caselaw 1382 Del

$~16

* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                 Judgment delivered on: 28.02.2020

+      RC.REV. 148/2019 & CM APPL. 11413/2019

       MITTAL HARDWARE STORE & ANR                     ..... Petitioners

                                  versus
       KELA DEVI                                       ..... Respondent
       Advocates who appeared in this case:
       For the Petitioner: Mr.Vipin K.Saini, Advocate with Mr.S.N.Mittal,
                           partner of the petitioner firm.

       For the Respondent: Mr. Rajeev Verma, Advocate.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
                              JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner impugns order dated 04.10.2018 whereby the eviction petition filed by the respondent has been allowed and an eviction order passed.

2. Subject eviction petition was filed by the respondent with regard to a shop admeasuring 10 x 25 feet in property No.1539/2, Ground floor, Gurudwara Road, Wazir Nagar, Kotla Mubarakpur, New Delhi-110003 on the ground of bonafide necessity under Section 14(1)(e) of the Delhi Rent Control Act.

3. Learned counsel for the parties submit that a settlement agreement has been arrived at between the parties whereby respondent has entered into a fresh lease deed for a period of 15 years commencing from 01.04.2020 and ending on 31.03.2035 at a rent of Rs.30,000/- per month with an increment of 10% every three years.

4. Learned counsel for the respondent submits that in view of the fresh lease deed executed, the respondent undertakes not to execute the eviction order and seeks leave to withdraw the eviction petition.

5. Learned counsel for the parties submit that the parties undertake to be bound by the terms and conditions of the lease deed dated 24.02.2020. Copy of the lease deed has been produced. Same is taken on record.

6. In view of the above, the impugned order dated 04.10.2018 is set aside. The eviction petition filed by the respondent is dismissed as withdrawn.

7. In view of the above, the petition is disposed of in the above terms.

8. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J.

FEBRUARY 28, 2020 rk