Prakash Chand Khurana vs Ramesh Chander Sharma & Ors
2020 Latest Caselaw 959 Del

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                               Judgment delivered on: 12.02.2020

+      RC.REV. 309/2019 & CM APPL. 24007/2019 & CM APPL.
       37377/2019

PRAKASH CHAND KHURANA                               ..... Petitioner
                                 versus

RAMESH CHANDER SHARMA & ORS                         ..... Respondents
Advocates who appeared in this case:
For the Petitioner:               Mr.Mukesh Kumar, Advocate.

For the Respondent:             Mr.Rajat Sang Sharma, Advocate.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                            JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner impugns order dated 14.02.2019, 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 on the ground of bonafide necessity under Section 14(1) (e) of Delhi Rent Control Act, 1958 with regard to one shop in property No.5266, Kolhapur House, Kamla Nagar, Delhi-

110007, 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, seeks leave to withdraw the petition.

4. Petitioner who is present in person undertakes that he shall vacate and handover the peaceful vacant possession of the tenanted premises to the respondent on or before 31.10.2020.

5. Petitioner further undertakes that he shall clear all water, electricity and other dues/charges in respect of the tenanted premises before the petitioner vacates the premises on or before 31.10.2020.

6. Petitioner 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 property and shall hand over the peaceful vacant possession of the tenanted premises to the respondent in a condition as existing today, subject to normal wear and tear.

7. The undertaking is accepted.

8. Learned Counsel for the Respondents submits that the undertaking is acceptable to the respondents.

9. The Petition is accordingly dismissed as withdrawn.

10. Subject to petitioner filing an affidavit of undertaking in the above terms, within a period of two weeks, execution of the impugned order dated 14.02.2019 shall remain stayed till 31.10.2020.

11. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J.

FEBRUARY 12, 2020 rk