Pramod Kansal v. Pankaj Gupta
$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 181/2024 & CM APPL. 38438/2024 PRAMOD KANSAL .....Petitioner Through:
Mr. Neeraj Bhardwaj, Advocate versus PANKAJ GUPTA .....Respondent Through:
Mr. Ajay Kumar, Mr. Vikas Bhadwaj, Mr. R. M. Tiwari, Advocates
CORAM:
HON'BLE DR. JUSTICE SUDHIR KUMAR JAIN
O R D E R
% 01.08.2024 1.
The present revision petition is filed under section 25B(8) of the Delhi Rent Control Act,1958 (hereinafter referred to as "the Act") to impugn the order dated 25.01.2024 passed by the court of Sh. Deepak Kumar-I, SCJcum-RC, North East, Karkardooma Courts, Delhi in eviction case bearing RC ARC no. 25/23 titled as Pankaj Gupta V Pramod Kansal. 2.
The respondent filed an eviction petition under section 14(1)(e) read with section 25(B) of the Act bearing RC ARC no. 25/23 titled as Pankaj Gupta V Pramod Kansal in respect of one shop bearing no. C-102, Main Market and Street No. 3, C- Block, Bhajanpura, Delhi-110053 (hereinafter referred to as "the tenanted premises") which was originally let out by Kishan Chand @ K.C. Jindal/the predecessor-in-interest of the respondent, for non-residential purpose.
3.
The petitioner after service of summons as per the Third Schedule of the Act, filed an application for leave to defend along with affidavit which The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
was ordered to be dismissed vide impugned order dated 25.01.2024. The petitioner being aggrieved filed the present petition. 4.
The counsel for the petitioner stated that the petitioner has raised many triable issues before the trial court as there is no landlord and tenant relationship and the respondent is also not the owner of the suit property. The said arguments are opposed by the counsel for the respondent. 5.
However, the perusal of the impugned order dated 25.01.2024 reflects that the trial court has considered all the relevant issues as raised by the parties and passed a reasoned order. There is no ground to interfere in the impugned order dated 25.01.2024.
6.
The counsel for the petitioner, after taking instructions from the petitioner, stated that the petitioner be granted time till 31.03.2025 to vacate the tenanted premises with the condition that petitioner shall not sublet/assign or part with the possession of tenanted premises or any part thereof and shall not carry out any material addition, alteration in the tenanted premises. The petitioner shall also continue to pay the agreed rent commencing from July, 2024 till the time the petitioner vacates the tenanted premises on or before on the last day of each English calendar month. The petitioner has also undertaken to clear all the electricity and water charges before vacating the tenanted premises.
7.
Mr. Anupam Gupta, Advocate for the respondent, on instructions, stated that the respondent does not have any objection if the petitioner is granted time upto 31.03.2025 to vacate the tenanted premises subject to the conditions as mentioned hereinabove. He further stated that the respondent shall not initiate execution proceedings in pursuance of eviction order dated 25.01.2024 till 31.03.2025.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
8.
Accordingly, the petitioner is granted time upto 31.03.2025 to vacate the tenanted premises subject to the condition that he shall not sublet, assign or part with the possession of tenanted premises or any part thereof to any third person and shall not carry out any material addition or alteration in the tenanted premises. The petitioner is further directed to pay the agreed rent till he vacates the tenanted premises on or before the last day of each English calendar month and is also directed to clear water and electricity charges to concerned authority before vacating the tenanted premises. 9.
It is made clear that if the petitioner fails to vacate the tenanted premises till 31.03.2025, in that eventuality, the respondent shall be at liberty to initiate appropriate legal proceedings including execution proceedings for vacation of the tenanted premises. 10.
The petitioner is also directed to file an undertaking in the form of an affidavit to the said effect before this Court within a period of 02 weeks. 11.
The present petition, along with pending application, stands disposed of.
DR. SUDHIR KUMAR JAIN, J AUGUST 1, 2024 sk/am The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.