Ravi Kumar v. Harminder Singh Chowdhary & Ors.

Delhi High Court · 26 Nov 2019 · 2019:DHC:6347
Sanjeev Sachdeva
RC.REV.670/2019
2019:DHC:6347
property appeal_allowed

AI Summary

The Delhi High Court set aside an eviction order and dismissed the eviction petition as withdrawn following an amicable settlement and surrender of tenancy rights by the tenant.

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RC.REV.670/2019
HIGH COURT OF DELHI
JUDGMENT
delivered on: 26.11.2019
RC.REV. 670/2019
RAVI KUMAR ..... Petitioner
versus
HARMINDER SINGH CHOWDHARY & ORS..... Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. Kanack Pandey, Advocate with petitioner in person.
For the Respondents: Mr. Ranjeet Singh, Advocate with Respondents in person
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
CM APPL. 50916/2019 (Exemption)
CM APPL. 50918/2019 (Exemption)
Exemptions are allowed subject to all just exceptions.
CAV 1165/2019
Since learned counsel for the respondent/caveator has entered appearance, caveat stands discharged.
2019:DHC:6347
RC.REV. 670/2019 & CM APPL. 50917/2019 (stay), CM
APPL.50919/2019 (for condonation of delay in re-filing)

1. Petitioner impugns order dated 23.08.2019, whereby, eviction petition filed by the respondents on the ground of bonafide necessity under Section 14(1)(e) of the Delhi Rent Control Act has been allowed on the ground that leave to defend was not filed within time.

2. Learned counsels for the parties submit that the parties have settled their disputes.

3. Learned counsel for the respondents submits that the respondents do not wish to pursue their eviction petition and seek leave to withdraw the eviction petition filed before the Rent Controller. Learned counsel for the respondents further submits that he has no objection to the impugned order dated 23.08.2019 being set aside.

4. In view of the above, impugned order dated 23.08.2019 is set aside and eviction petition filed by the respondents is dismissed as withdrawn.

5. Petitioner, who is present in Court in person and also represented by Mr. Kanak Pandey, Advocate submits that he has surrendered his tenancy rights. He submits that he has surrendered his tenancy and vacated and handed over the peaceful vacant possession of the tenanted premises to the respondents before the Court of Sh. Ajay Nagar, ARC (West) on 25.11.2019 in DRC Petition No.651/2019 titled Sh. Ravi Kumar vs. Sh. Harminder Singh Chowdhary & Ors. filed under Section 27 of the Delhi Rent Control Act.

6. Petitioner further undertakes that his tenancy rights and all his claims, rights and interest in the tenanted property have ceased and he also undertakes that he shall not seek enforcement of any right, if any, under Section 19 of the Delhi Rent Control Act, 1958.

7. Respondents, who are present in Court in person, also submit that all dues in respect of the tenanted premises stand settled. They also state that they have no claim left against the petitioner.

8. The petition is accordingly, disposed of in the above terms.

9. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J NOVEMBER 26, 2019 st