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HIGH COURT OF DELHI
JUDGMENT
PAWAN DUDEJA @ PAWAN AHLUWALIA & ORS... Petitioners
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.
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, 2020:DHC:641 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 Petition is accordingly dismissed as withdrawn.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