Delhi High Court
Pawan Dudeja @ Pawan Ahluwalia & ... vs Jasmeet Kaur on 30 January, 2020
$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 30.01.2020
+ RC.REV. 15/2020
PAWAN DUDEJA @ PAWAN AHLUWALIA & ORS
... Petitioners
versus
JASMEET KAUR ..... Respondent
Advocates who appeared in this case:
For the Petitioners: Mr. Harish Malhotra, Sr. Advocate with Mr. Rohit
Jain, Advocates with petitioner No.2 in person.
For the Respondent: Mr. D.S. Patial, Advocate with respondent in
person.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
RC.REV. 15/2020 & CM APPL.988/2020 (stay)
1. Petitioner impugns order dated 17.07.2019, whereby, the
eviction petition filed by the respondent was allowed and an eviction
order passed.
2. Respondent 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 from one room,
bearing Shop No.2, in front portion of the ground floor of property in
premises No.O-97, New Mahavir Nagar, New Delhi-110018 more
particularly as shown in red colour in the site plan attached to the
eviction petition.
3. Learned senior counsel for the petitioners, under instructions
from the petitioner No.2, who is present in Court in person, seeks
leave to withdraw the petition.
4. Petitioner No.2 undertakes on her behalf and on behalf of the
Petitioner Nos.1 and 3 that petitioners shall vacate and handover the
peaceful vacant possession of the tenanted premises to the respondent
on or before 31.01.2021. She further undertakes that petitioners shall
pay a sum of ₹10,000/- per month as use and occupation charges to
the respondent with effect from 01.02.2020 till the time petitioners
hand over the peaceful vacant possession of the tenanted premises to
the respondent on or before 31.01.2021.
5. Petitioner No.2 further undertakes that they shall pay the arrears
of rent @ Rs.500 for the last three years.
6. She further undertakes that they shall clear all water, electricity
and other dues/charges in respect of the tenanted premises before the
petitioner vacates the premises on or before 31.01.2021.
7. She further undertakes that they 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.
8. The undertaking is accepted.
9. Learned Counsel for the Respondent submits that the
undertaking is acceptable to the respondent.
10. Petition is accordingly dismissed as withdrawn.
11. Subject to petitioner filing an affidavit of undertaking in the
above terms, within a period of two weeks, execution of the impugned
order dated 17.07.2019 shall remain stayed till 31.01.2021.
12. Order Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J.
JANUARY 30, 2020
st
