Raj Kumari v. Seema Rani Gupta

1. Petitioner impugns order dated 29.11.2018, whereby, the leave to defend application of the petitioner had been dismissed and eviction order passed.

2. Respondent landlord had filed the subject eviction petition seeking eviction of the petitioner from a shop on ground floor of property No.1890, Gali Lehswa, Bazar Sita Ram more particularly, as shown in red colour in the site plain annexed with the eviction 2019:DHC:4833 petition.

3. Parties were referred to mediation. Settlement has been arrived at between the parties and recorded on 29.08.2019.

4. Learned counsel for the petitioner, under instructions, from the petitioner seeks leave to withdraw the petition.

5. Petitioner, who is present in Court in person, undertakes that she shall vacate and handover the peaceful vacant possession of the tenanted premises to the respondent landlord on or before expiry of 28.05.2020.

6. Learned counsel for the parties submit that the parties have already settled the use and occupation charges till the date of the vacation of the premises.

7. Petitioner has handed over a pay order in the sum of Rs.4,125/towards arrears of rent.

8. Petitioner further undertakes that she shall clear all water, electricity and other charges in respect of the tenanted premises prior to vacating the said shop. She further undertakes that she shall not sublet, assign or part with the possession of tenanted premises or any part thereof.

9. The undertaking is accepted.

10. Learned Counsel for the Respondent submits that the undertaking is acceptable to the respondent.

11. In view of the above, the petition is dismissed as withdrawn.

12. On petitioner filing an affidavit of undertaking in the above terms within a period of two weeks from today, execution of the impugned dated 29.11.2018 shall remain stayed till 28.05.2020.

13. Order Dasti under the signatures of the Court Master.

SANJEEV SACHDEVA, J SEPTEMBER 23, 2019 st