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Delhi High Court · 18 Nov 2009 · 2009:DHC:9254
Rajiv Sahai Endlaw
RC.REV. 120/2009 & CaveatNo.178/2009
2009:DHC:9254
property appeal_dismissed

AI Summary

The High Court dismissed the revision petition against eviction but granted the tenant time until 31st March 2011 to vacate the premises subject to an undertaking.

Full Text
Translation output
41.
* IN THE HIGH COURT OF DELID AT NEW DELID
+ RC.REV. 120/2009 & CaveatNo.178/2009.
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RAVIKHANNA
AMRIKSINGH
CORAM:
..... Petitioner
Through: Mr. Shyam S. Sharma & Mr. Vikas Aggarwal, Advocates.
VERSUS
..... Respondent
Through: Mr. S.N. Chaudhary, Advocate.
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
18.11.2009
The counsel for caveator/respondent has appeared. The caveat stands discharged.
This petition under Section 25-B (8) of Delhi Rent Control Act, 1958 has been preferred with respect to the order dismissing the application ofthe petitioner for leave to defend the petition for eviction filed under Section 14 (1) (e) of the Act and the consequent order of eviction. The counsel for the respondent/landlord has appeared. The counsel for the petitioner has been heard today. After hearing and upon this court being not inclined to entertain the petition, the counsel for the petitioner on instructions from the petitioner present in court states that the petitioner does not press the petition and will be bound by the order of eviction but requests, for time till 31st March, 2011 to vacate the premises. The counsel for the respondent, under instructions from the respondent has no objection to the time till 31st March, 2011 being granted to the petitioner to vacate the premises. The statement of the petitioner/tenant present in court has been recorded. The petitioner has given the usual undertaking.
In view of the aforesaid, the petition is dismissed as withdrawn. However, the petitioner is granted time till 31st March, 2011 to vacate the premises. The undertaking of the petitioner/tenant as recorded in his statement recorded today is accepted by this court and the petitioner/tenant is ordered to be bound by the same. The petitioner/tenant has been explained the consequences of breach of undertaking given to this court. The order
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2009:DHC:9254 of eviction is made inexecutable till 31st March, 2011 subject to the petitioner complying with his undertaking.
CM M. No.16492/2009 (u/S 151 CPC for exemption).
Allowed, subject to just exceptions. :~
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'~V SAHAIENDLAW,J
November 18, 2009
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2009:DHC:9254
JUDGMENT