Gurpreet Singh vs Amit Kumar & Ors
2020 Latest Caselaw 613 Del

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                    Judgment delivered on: 29.01.2020

+     RC.REV. 17/2020& CM APPL. 1095/2020 & CAV 28/2020
      GURPREET SINGH                                    ..... Petitioner
                            versus

      AMIT KUMAR & ORS.                                 ..... Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. Ajay Kohli, Ms. Astha Garg, Advocates with petitioner
                    in person
For the Respondent: Mr. Vipin Nandwani, Advocate for respondents along with
                    Respondents No. 1, 5, 8, 11 & 12

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                              JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner impugns order dated 08.08.2019 whereby the leave to defend application of the petitioner has been dismissed and eviction order has been passed.

2. Subject eviction petition was filed by the respondent seeking eviction of the petitioner on the ground of bonafide necessity under section 14(1)(e) of the Delhi Rent Control Act, 1958 from shop No. 5 in property bearing Municipal No. 1/17527 in Khasra No. 140/129/49, Village Yusuf Sarai Jat, New Delhi, more particularly as shown in red colour in the site plan annexed to the eviction petition.

3. Learned counsel for the petitioner under instructions from the petitioner, who is present in court seeks leave to withdraw the petition.

4. Petitioner who is present in Court in person, undertakes that Petitioner shall vacate and handover the peaceful vacant possession of the tenanted premises to the respondent on or before 30.04.2021. Petitioner further undertakes that Petitioner shall pay a sum of Rs. 30,000/- 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 30.04.2021.

5. Petitioner further undertakes that he shall clear all water, electricity and other dues/charges in respect of the tenanted premises before they vacate 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 undertake 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. Learned counsel for the parties submit that keeping in view the peculiar facts and circumstances of the case and the condition of the business of the petitioner, parties have agreed to nominal use and occupation charges of Rs. 30,000/- per month.

9. Learned counsel for the respondents submits that within one week from today respondents shall share the bank details in which account the use and occupation charges should be remitted by the petitioner.

10. In view of the above, the petition is dismissed as withdrawn.

11. 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 08.08.2019 shall remain stayed till 30.04.2021.

12. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J.

JANUARY 29, 2020 hk