Jhabbu Lal Gupta v. Laxmi Narayan

1. Petitioner impugns order dated 23.04.2018, whereby the leave to defend application of the petitioner has been dismissed and an eviction order was 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 a shop on the ground floor of property bearing No.E-16/1289, Bapa Nagar, Padam Singh, Karol Bagh, New Delhi-110005, more particularly as shown in 2019:DHC:5668 red colour in the site plan attached to the eviction petition.

3. Learned counsel for the petitioner under instructions from the petitioner, who is present in Court in person, 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 a sum pay Rs. 12,000/per month as use and occupation charges with effect from 01.11.2019 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 on or before 31.12.2020. 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 hand over the possession of the same to the Respondent in the same 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 In view of the above, the petition is dismissed as withdrawn.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 four weeks from today, execution of the impugned order dated 23.04.2018 shall remain stayed till 31.12.2020.

10. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J NOVEMBER 01, 2019 rk