Delhi High Court
Mahesh Yadav vs Ghanshyam on 13 December, 2022
Neutral Citation Number : 2022/DHC/005560
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 13.12.2022
+ RC.REV. 170/2015
MAHESH YADAV ..... Petitioner
versus
GHANSHYAM ..... Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. Ankit Jain and Mr. Praveen Pandey, Advocates.
For the Respondent: Mr. Sunil Kumar and Mr. Giri Raj Singh, Advocates.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. Petitioner impugns order dated 17.10.2014, whereby 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 Shop No.5 in property
No.21A, Railway Station Road, Samaipur, Delhi-110042.
Signature Not Verified
Digitally Signed
By:KUNAL MAGGU
Signing Date:16.12.2022
11:52:57
Neutral Citation Number : 2022/DHC/005560
3. Petitioner is present in Court. After some arguments, learned
counsel for the petitioner, under instructions from the petitioner, seeks
leave to withdraw the petition.
4. Petitioner undertakes that he shall vacate and handover the
peaceful vacant possession of the tenanted premises to the respondent
on or before 31.05.2023.
5. Petitioner undertakes that he shall clear all water, electricity and
other dues/charges in respect of the tenanted premises before the
petitioner vacates the premises on or before 31.05.2023. Petitioner
further undertakes that he shall pay use and occupation charges @
₹ 2000/- per month i.e., @ agreed rate of rent to the respondent till the
time he hands over the peaceful vacant possession of the tenanted
premises to the respondent on or before 31.05.2023. Petitioner
undertakes that he shall clear the arrears, if any @ the agreed rate of
rent within a period of six weeks.
6. Petitioner further undertakes that he shall not sublet, assign or
part with the possession of the tenanted premises or any part thereof.
He further undertakes that he 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.
7. The undertaking is accepted.
Signature Not Verified
Digitally Signed
By:KUNAL MAGGU
Signing Date:16.12.2022
11:52:57
Neutral Citation Number : 2022/DHC/005560
8. Learned Counsel for the respondent submits that the
undertaking is acceptable to the respondent.
9. The Petition is accordingly dismissed as withdrawn.
10. Petitioner shall file an affidavit of undertaking in the above
terms, within a period of 10 days. Subject to petitioner filing the
affidavit of undertaking in the above terms and complying with the
undertaking, the eviction order dated 17.10.2014 shall remain stayed
till 31.05.2023.
11. Order Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J
DECEMBER 13, 2022
NA
Signature Not Verified
Digitally Signed
By:KUNAL MAGGU
Signing Date:16.12.2022
11:52:57
