Shanti Devi & Anr v. Saroj Gupta

Delhi High Court · 13 Sep 2019 · 2019:DHC:4542
Sanjeev Sachdeva
RC.REV.544/2019
2019:DHC:4542
property appeal_dismissed

AI Summary

The High Court dismissed the revision petition against eviction on the ground of bonafide necessity, allowing withdrawal on terms including payment of use and occupation charges and vacating the premises by a stipulated date.

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RC.REV.544/2019
HIGH COURT OF DELHI
JUDGMENT
delivered on: 13.09.2019
RC.REV. 544/2019
SHANTI DEVI & ANR ..... Petitioner
versus
SAROJ GUPTA ..... Respondents Advocates who appeared in this case:
For the Petitioner: Mr. Firasat Ali, Adv. For the Respondent: Mr. Sumit Rajput Adv.
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner impugns order dated 19.03.2019 whereby the eviction petition filed by the respondent on the ground of bonafide necessity has been allowed.

2. Respondent had filed subject eviction petition on the ground of bonafide necessity under Section 14(1)(e) of the Delhi Rent Control Act with regard to one shop on the ground floor of property bearing No.A-755, Shastri Nagar, New Delhi more particularly as shown in red colour annexed to the eviction petition.

3. Learned counsel for the petitioner seeks leave to withdraw the petition. 2019:DHC:4542 RC.REV.544/2019

4. Learned counsel for the petitioner submits that he has instructions to undertake on behalf of the petitioner that the petitioner shall vacate and hand over the peaceful and vacant possession of the tenancy premises on or before 13.08.2020.

5. It is undertaken that the petitioner shall pay use and occupation charges at the rate of Rs.2,000/- per month from 01.10.2019 till the time she hands over vacant peaceful possession. He further undertakes that he shall pay all water, electricity and other charges in respect of the tenanted premises. He further undertakes that Petitioner shall not part with the possession of the entire or any part of the tenanted premises to any third party.

6. The undertaking is accepted.

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 In view of the above, the petition is dismissed as withdrawn.

8. 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 19.03.2019 shall remain stayed till 13.08.2020.

9. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J SEPTEMBER 13, 2019