United Bank of India v. Simranbagga

Delhi High Court · 29 Aug 2019
Sanjeev Sachdeva
RC.REV.21/2018
property appeal_dismissed

AI Summary

The Delhi High Court disposed of the eviction appeal as infructuous following a settlement and execution of a fresh lease deed creating new tenancy rights.

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L
HIGH COURT OF DELHI
RC.REV.21/2018
UNITED BANK OFINDIA Petitioner
Through Mr.Rajesh Kumar Gautam with Ms. Sakshi Gaur,Advocates.
VERSUS
SIMRANBAGGA Respondent
Through Mr.Devanand Rai,Advocate.
CONT.CAS(C)350/2018
UNITED BANK OFINDIA Petitioner
Through Mr.Rajesh Kumar Gautam with Ms. Sakshi Gaur,Advocates.
VERSUS
BALDEEPSINGH&ANR Respondents
Through Mr.Devanand Rai,Advocate.
CORAM:
HON'BLE MR.JUSTICE SANJEEV SACHDEVA
29.08.2019
RC.REV.21/2018 & CM APPL.2600/2018(stay).CM APPL2602/2018
(for filing additional documents). CM APPL.14339/2018 (stavl. CM
APPL20849/2018 (for directions^ CM APPL20850/2018 /for directions), CM APPL.40454/2018 Ifor condonation of delavL CM
APPL.38678/2019 Ifor settlement) & CONT.CASrC) 350/2018. CM
APPL.19967/2018(for interim directions)«&
I. Petitioner/Bank in RC.REV. 21/2018 impugns order dated
20.09.2017, whereby,the application ofthe petitioner Bank seeking leave to defend has been dismissed.
ORDER

2. Subject eviction petition was filed,under Section I4(I)(e)read with Section 25-B of the Delhi Rent Control Act, seeking eviction of the RC.REV.2I/2018& CONT.CAS(C)350/2018 2019:DHC:7841 IjD petitioner Bank from the first floor ofProperty No.137,Ward No.V,Katra Nawab Sahib,Chandani Chowk.

3. By the impugned order, the leave to defend application was dismissed and eviction order waspassed by the Trial Court.

4. Pending the present proceedings, settlement has been arrived at between the parties,whereby,the petitionerBank in terms ofthe settlement has handed over a portion of the tenanted premises to the respondent landlord. A fresh lease deed dated 03.06.2019 has been executed creating freshtenancyrightsinfavourofthepetitionerBankforaportion ofthefirst floor.

5. In view ofthe settlement between the parties and the fact that the petitioner has handed over a portion ofthe property for which decree of eviction was passed and also a lease deed dated 03.06.2019 creating fresh tenancy rights in favour ofthe petitioner has been executed, the eviction petition and the execution petition have become infructuous and disposed ofas such.

6. In view of the above, RC.REV. 21/2018 is also disposed of as infructuous.

7. Learned Counsel for the Petitioner submits that he does not wish to press CONT.CAS(C)350/2018.

8. Accordingly,CONT.CAS(C)350/2018Isdismissed as withdrawn. cuJ, SANJEEy SACHDEVA J