Ashok Kumar Bagga vs Mohinder Yadav
2020 Latest Caselaw 569 Del

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                 Judgment delivered on: 28.01.2020

+     RC.REV. 24/2020

      ASHOK KUMAR BAGGA                                ..... Petitioner
                                  versus
      MOHINDER YADAV                                   ..... Respondent
Advocates who appeared in this case:
For the Petitioner: Ms. Amrit Kaur Oberoi with Ms. Sonali S.S., Advocates.

For the Respondent: Mr. Rohan Yadav with Mr. Rahul Choudhary, Advocates.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
                              JUDGMENT

SANJEEV SACHDEVA, J. (ORAL) RC.REV. 24/2020 & CM APPL.1495/2020 (stay), CM APPL.1498/2020 (for placing on record additional documents)

1. Petitioner impugns order dated 25.07.2019, whereby the leave to defend application filed by the petitioner has been dismissed and an eviction order passed.

2. Respondent had filed the subject eviction seeking eviction of the petitioner on the ground of bonafide necessity under Section 14(1)

(e) of the Delhi Rent Control Act, 1958, from a shop having an area of approximately 440 square feet on ground floor bearing Shop No. 4D/6, Ground Floor, M/s Ch. Kishan Chand Complex, 4,

Jawalaheri, Paschim Vihar, New Delhi-110063 more particularly as shown in red colour in the site plan annexed with the eviction petition.

3. Learned counsel for the petitioner, seeks leave to withdraw the petition.

4. Learned counsel for the petitioner submits that she has instructions to undertake on behalf of the Petitioner that petitioner shall vacate and handover the peaceful vacant possession of the tenanted premises to the respondent on or before 31.03.2023. She further undertakes that Petitioner shall pay a sum of Rs.55,000/- per month as use and occupation charges to the respondent with effect from 01.02.2020 till the time petitioner hands over the peaceful vacant possession of the tenanted premises to the respondent on or before 31.03.2023.

5. Learned counsel for the parties submit that parties have also agreed that on 01.04.2023, respondent shall also enter into a tenancy agreement with the petitioner for a shop either on the ground floor or on the first floor of the same complex having an approximate area of 440 sq. feet on the then prevailing market rental.

6. Respondent undertakes that in case a shop of approximately 440 sq. feet is available either on the ground or on the first floor of the same complex on 01.04.2023, the same shall be offered to the petitioner on rent on the then prevailing rental.

7. Learned counsel for the petitioner undertakes that in even case there is no settlement arrived at with regard to the tenancy of a new shop, petitioner shall nonetheless handover the peaceful vacant possession of the tenanted premises to the respondent on or before 31.03.2023.

8. It is agreed that dispute or difference of opinion with regard to creation of the fresh tenancy of another tenanted portion will be no ground for the petitioner not to surrender the peaceful vacant possession of the tenanted shop on or before 31.03.2023.

9. She further undertakes that Petitioner shall clear all water, electricity and other dues/charges in respect of the tenanted premises before the petitioner vacates the premises on or before 31.03.2023.

10. She further undertakes that petitioner shall not sublet, assign or part with the possession of the tenanted premises or any part thereof. She further undertakes that petitioners 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.

11. The undertakings given on behalf of the parties is accepted.

12. The Petition is accordingly dismissed as withdrawn.

13. Affidavit of undertakings be filed both by the petitioner and the respondents in terms of their respective obligations as noted

hereinabove within a period of four weeks.

14. Subject to the petitioner filing an affidavit of undertaking in the above terms, within a period of four weeks, execution of the impugned order dated 25.07.2019 shall remain stayed till 31.03.2023.

15. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J JANUARY 28, 2020 st