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HIGH COURT OF DELHI
JUDGMENT
1676/2020, 1677/2020 & 1678/2020 D S SODHI ..... Petitioner
Advocates who appeared in this case:
For the Petitioner: Mr.Gaurav Mitra, Mr.Dhruv Kapur, Mr.Maharashi
Kaler and Mr.Shriya Roy Chaudhary, Advocates.
For the Respondent: Mr. Hemant Chaudhary, Mr.Piyush Arora and
Mr.Gaurav Soni, Advocates for respondent No.1.
1. Petitioner impugns order dated 09.08.2019, whereby the eviction petition filed by the respondent has been allowed and an eviction order passed. Petitioner also impugns order dated 14.03.2019 whereby the appeal of the petitioner impugning the order rejecting his application under Order I Rule 10 CPC by the Rent Controller, has been dismissed.
2. Respondent No.1 had filed the subject eviction petition seeking 2020:DHC:749 eviction of the petitioner from one hall admeasuring 13 x 32 feet with two verandas each of size 8 x 13 feet on both sides forming part of property No.C-3, Vasant Lok Shopping Centre-I, Vasant Vihar, New Delhi, more particularly as shown in red colour in the site plan attached to the eviction petition.
3. Respondent No.1 had filed the subject eviction petition contending that they are the owners of the property and respondent No.2 was the tenant and petitioners were the unauthorized occupant/agent of respondent No.2. The stand taken by the petitioner was that they are agents, however, it was contended that respondent No.1 in earlier proceedings initiated under Section 14(1)(b) of Delhi Rent Control Act had contended that petitioners were sub-tenants in the property.
4. It is pointed out that the leave to defend application filed by respondent No.2/tenant was dismissed, however, no further challenge has been raised by respondent No.2, thereby accepting the eviction order.
5. After some arguments, learned counsel for the petitioner under instructions from the petitioner who is present in Court in person, seeks leave to withdraw the petition.
6. Petitioner who is present in person undertakes that he shall vacate and handover the peaceful vacant possession of the tenanted premises to the respondent on or before 31.01.2021. He further undertakes that he shall pay a sum of ₹ 35,000/- per month with effect from 01.02.2020 as use and occupation charges to the respondent till the time he hands over the peaceful vacant possession of the tenanted premises to the respondent on or before 31.01.2021.
7. Petitioner further undertakes that he shall clear the arrears of rent, if any, and shall furnish the proof of payment/deposit for the period that petitioner seeks credit of within two weeks.
8. Petitioner further undertakes that he shall clear all water, electricity and other dues/charges in respect of the tenanted premises before petitioner vacates the premises. He further undertakes that he shall not sublet, assign or part with the possession of the tenanted premises or any part thereof.
9. 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 the condition as existing today, subject to normal wear and tear.
10. The undertaking is accepted.
11. Learned counsel for the respondents under instructions from the respondents submits that the undertaking is also acceptable to the respondents.
12. In view of the above, the petition is dismissed as withdrawn.
13. Subject to petitioner filing an affidavit of undertaking in the above terms within a period of two weeks from today, execution of the impugned order dated 09.08.2019 shall remain stayed till 31.01.2021.
14. Order Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J FEBRUARY 03, 2020 rk