Delhi High Court
Vinod Aggarwal vs Nitu Tiwari & Ors on 11 February, 2020
$~66
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 11.02.2020
+ RC.REV. 86/2020 & CM APPL. 5468-5469/2020
VINOD AGGARWAL ..... Petitioner
versus
NITU TIWARI & ORS ..... Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. Vipin Kumar Saini, Advocate with
petitioner in person
For the Respondent: Mr. Bhaskar Tiwari, Advocate.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. Petitioners impugn order dated 19.09.2019 whereby leave to
defend application of the petitioner has been dismissed and an
eviction order passed.
2. Respondents had filed the subject eviction petition seeking
eviction of the petitioner from One Shop bearing Municipal
No.305/7B, Rai Sahib Market, Masjid Moth, South Extension Part-II,
New Delhi-110049, more particularly as shown red colour in the site
plan annexed to the eviction petition.
3. Learned counsel for the petitioner under instructions from
petitioner, who is present in court, 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 respondents on or before 31.07.2021.
Petitioner further undertakes that he shall pay use and occupation
charges at the rate of Rs.5,000/- per month with effect from
01.04.2020 till the time he hands over the peaceful vacant possession
of the tenanted premises to the respondents on or before 31.07.2021.
5. 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 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 possession of
the same in the condition as it exists today subject to normal wear and
tear.
6. The undertaking is accepted.
7. Learned counsel for the respondents under instructions from the
respondents submits that the undertaking is also acceptable to the
respondents.
8. In view of the above, the petition is dismissed as withdrawn.
9. Subject to petitioner filing affidavit of undertaking in the above
terms within a period of two weeks from today, execution of the
impugned order dated 19.09.2019 shall remain stayed till 31.07.2021.
10. Learned counsel for the petitioner further submits that the
petitioner intends to carry out certain repair works of the tenanted
premises as well as the roof over the tenanted premises.
11. Learned counsel for the respondents submits that petitioner has
no concern with the roof, however, the respondents shall permit
access to the petitioner to the roof purely for the purpose for carrying
out the repair works.
12. Petitioner is permitted to carry out the repair works, however,
petitioner shall not make any structural additions/alterations to the
tenanted premises.
13. Order Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J.
FEBRUARY 11, 2020
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