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HIGH COURT OF DELHI
JUDGMENT
VINOD KUMAR ..... Petitioner
For the Petitioner: Mr. Sunil Dutt Dixit with Ms.Neha Shukla, Advocate.
For the Respondent: Mr.S. Khan with Ms.Jyoti, Advocates.
1. Petitioner impugns order dated 09.04.2013, whereby the Leave to defend application of the petitioner has been dismissed by the Rent Controller 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 with regard to one shop measuring 13’9” x 21’3” with loft measuring 14’ x 11’3” and verandah at property No. 24, Community Centre, Ashok Vihar, Phase- I, Delhi, more particularly as shown in red colour in the site plan 2019:DHC:5959 annexed to the eviction petition.
3. Learned counsel for the petitioner under instructions from the petitioner who is present in court seeks leave to withdraw the petition.
4. Petitioner who is present in Court in person, undertakes that he shall vacate and handover the peaceful vacant possession of the tenanted premises to the respondent on or before 31.12.2020. Petitioner further undertakes that he shall pay use and occupation charges at the rate of Rs. 15,000/- per month, with effect from 01.12.2019 till the time he hands over the peaceful vacant possession of the tenanted premises to the respondent on or before 31.12.2020.
5. Petitioner further undertakes that he shall clear all water, electricity and other dues/charges in respect of the tenanted premises before he 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. He further undertakes that he shall not cause any damage to the tenanted premises and shall hand over the possession of the same in the condition as it exists today subject to normal wear and tear.
6. The undertaking is accepted.
7. Learned counsel for the respondent under instructions from the respondent submits that the undertaking is also acceptable to the respondent.
8. In view of the above, the petition is dismissed as withdrawn.
9. 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 15.05.2019 shall remain stayed till 31.12.2020.
10. Order Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J. NOVEMBER 14, 2019 ‘neelam’