Ishwar Singh Sharma Thr His Legal ... vs Mohd Zulfikar Ali
2020 Latest Caselaw 218 Del

$~35

* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                   Judgment delivered on: 14.01.2020
+      RC.REV. 173/2014
ISHWAR SINGH SHARMA THR HIS LEGAL
REPRESENTATIVES SANTOSH (WIDOW OF ISHWAR SINGH)
& ORS                              ..... Petitioners

                                    versus
MOHD ZULFIKAR ALI                                      ..... Respondent
Advocates who appeared in this case:
For the Petitioner:       Mr.Ashim Sheidha and Ms.Niyati Patwadhan,
                          Advocates.

For the Respondent:         Mr.N.S.Negi, Advocate.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                              JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner had filed the subject eviction petition seeking eviction of the respondent from one shop measuring 7 feet six inches x 11 feet on the ground floor of property bearing No.WZ-21, Possangipur Market, Janak Puri, New Delhi-110085, more particularly as shown in red colour in the site plan attached to the eviction petition.

2. By order dated 07.04.2014 eviction petition filed by the petitioner under Section 14(1)(e) of the Delhi Rent Control Act was dismissed by the Rent Controller. Petitioner impugned order dated 07.04.2014 in this petition.

3. During arguments, it was agreed between the parties on 18.11.2019, that petitioner shall carve out an equal dimension shop in the rear portion of the said property where there was a garage and parties shall exchange the premises.

4. Learned counsels for the parties submit that in terms of the said agreement parties have exchanged the premises. Respondent has surrendered his tenancy in respect of the subject tenancy premises and handed over the physical vacant possession of the said premises to the petitioner on 10.01.2020.

5. Petitioners have let out and handed over possession of the shop on the rear side of the property to the respondent. It is agreed that all terms and conditions of tenancy shall remain as they were for the earlier premises i.e. respondent shall pay monthly rent at the rate of Rs.200/- per month to the petitioners for the said shop besides payment of electricity charges directly to the concerned authorities

6. Learned counsel for the petitioners submits that petitioners shall furnish his bank account details to the respondent so that respondent can remit the rent to the petitioners on or before 10 th day of each English calendar month.

7. In view of the above, learned counsel for the petitioners seeks leave to withdraw the petition.

8. Petition is accordingly dismissed as withdrawn.

SANJEEV SACHDEVA, J.

JANUARY 14, 2020 rk