M/S GOKAL CHAND JAGAN NATH NAHAR v. OM PRAKASH & ORS

Delhi High Court · 23 Dec 2019 · 2019:DHC:7195
Sanjeev Sachdeva
RC.REV. 660/2019
2019:DHC:7195
property appeal_dismissed

AI Summary

The Delhi High Court dismissed the revision petition against eviction on bona fide necessity grounds, staying execution till 31.03.2020 subject to the petitioner’s undertaking to vacate and clear dues.

Full Text
Translation output
RC.REV. 660/2019
HIGH COURT OF DELHI
JUDGMENT
delivered on: 23.12.2019
RC.REV. 660/2019 & CM APPL. 50083/2019
M/S GOKAL CHAND JAGAN NATH NAHAR..... Petitioner
versus
OM PRAKASH & ORS ..... Respondents Advocates who appeared in this case:
For the Petitioner: Mr. Ashish Verma, Advocate.
For the Respondent: Mr. Siddharth Aggarwal, Advocate
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner impugns order dated 20.05.2019, whereby the eviction petition filed by the respondents seeking eviction of the petitioner on the ground of bonafide necessity under Section 14(1) (e) of the Delhi Rent Control Act, 1958, from ground floor of property No.5/7, Desh Bandhu Gupta Road, Paharganj, Delhi, more particularly as shown in red colour in the site plan annexed with the eviction petition, has been allowed and an eviction order passed.

2. Learned counsel for the petitioner seeks leave to withdraw the petition. He further submits that he has instructions on behalf of the 2019:DHC:7195 petitioner to undertake that petitioner shall vacate and handover the peaceful vacant possession of the tenanted premises to the respondent on or before 31.03.2020.

3. Learned counsel for the Petitioner further undertakes on behalf of the petitioner that petitioner shall clear all water, electricity and other dues/charges in respect of the tenanted premises before the petitioner vacates the premises on or before 31.03.2020. Learned counsel for the Petitioner further undertakes on behalf of the petitioner that the petitioner shall not sublet, assign or part with the possession of the tenanted premises or any part thereof. He further undertakes that petitioner shall not cause any damage to the tenanted premises and shall hand over the peaceful and vacant possession of the tenanted premises in the same condition as it exists today subject to normal wear and tear.

4. The undertaking is accepted.

5. Learned Counsel for the Respondents submits that the undertaking is acceptable to the respondents.

6. Learned counsels for the parties confirm that the use and occupation charges till 31.03.2020 have already been settled between the parties.

7. Petition is, accordingly, dismissed as withdrawn.

8. Subject to petitioner filing an affidavit of undertaking in the above terms, within a period of two weeks, execution of the impugned order dated 20.05.2019 shall remain stayed till 31.03.2020.

9. The next date of 12.03.2020 is cancelled.

10. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J DECEMBER 23, 2019 rk