Delhi High Court
Sat Narain Mittal & Anr vs Radhey Shyam Gupta (Deceased) Thr ... on 13 January, 2020
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 13.01.2020
+ RC.REV. 441/2019
SAT NARAIN MITTAL & ANR ..... Petitioners
versus
RADHEY SHYAM GUPTA (DECEASED) THR LRS
.... Respondent
Advocates who appeared in this case:
For the Petitioner: Mr. P.D. Gupta, Sr. Advocate with Mr. Atul Gupta,
Advocate with petitioners in person.
For the Respondent: Mr. Siddharth Bambha with Ms. Shruti Joshi, Advocates
with respondent in person.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
RC.REV. 441/2019 & CM APPL.33082/2019 (stay)
1. Petitioners impugn order dated 30.04.2019, whereby
application to bring on record subsequent development was dismissed.
Petitioners also impugn order dated 07.05.2019, whereby leave to
defend application of the petitioners was dismissed and an eviction
order passed.
2. Respondents had filed the subject eviction petition seeking
eviction of the petitioners on the ground of bonafide necessity under
Section 14(1) (e) of Delhi Rent Control Act, 1958 from one shop on
ground floor of property bearing No. 11705/6, Shakti Nagar, G.T.
Road, Delhi-110007, more particularly as shown in red colour in the
site plan attached to the eviction petition.
3. Learned counsel for the petitioners under instructions from the
petitioners, who are present in Court in person, seeks leave to
withdraw the petition.
4. Petitioners, who are present in Court in person, undertake on
that they shall vacate and handover the peaceful vacant possession of
the tenanted premises to the respondent on or before 31.12.2020.
Petitioners further undertake that they shall pay a sum pay Rs.10,000/-
per month as use and occupation charges with effect from 01.11.2019
till the time they hand over the peaceful vacant possession of the
tenanted premises to the respondent on or before 31.12.2020.
5. Petitioners further undertake that they shall clear all water,
electricity and other dues/charges in respect of the tenanted premises
before they vacate the premises on or before 31.12.2020. They further
undertake that they shall not sublet, assign or part with the possession
of the tenanted premises or any part thereof. They further undertake
that they shall not cause any damage to the tenanted premises and
hand over the possession of the same to the Respondent in the same
condition as it exists today subject to normal wear and tear.
6. The undertaking is accepted.
7. Learned counsel for the respondent under instructions from the
respondent submits that the undertaking is also acceptable to the
respondent.
8. In view of the above, the petition is dismissed as withdrawn.
9. The amount paid by the petitioner pursuant to order dated
01.11.2019 shall be adjusted towards the payment of use and
occupation charges.
10. Subject to petitioners filing an affidavit of undertaking in the
above terms within a period of four weeks from today, execution of
the impugned order dated 07.05.2019 shall remain stayed till
31.12.2020.
11. Order Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J
JANUARY 13, 2020
st
