Sanjay Kumar Bansal v. Meena Verma
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* IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. No.265/2017 & CM No.25318/2017 (for stay). SANJAY KUMAR BANSAL ..... Petitioner Through:
Mr. Pratyush Chirantan and Mr.
Abhishek Bajpai, Advs.
versus MEENA VERMA ..... Respondent Through:
Mr. J.C. Mahindro, Adv.
CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
O R D E R
% 03.08.2017 [ 1.
This Rent Control Revision Petition under Section 25B(8) of the Delhi Rent Control Act, 1958 impugns the order (dated 21st November, 2016 in Case No.E-114/15 (New No.78424/16) of the Court of Additional Rent Controller-1 (Central), Tis Hazari Courts, Delhi) of dismissal of the application filed by the petitioner / tenant for leave to defend the petition for eviction filed by the respondent / landlord under Section 14 (1) (e) of the Act and the consequent order of eviction of the petitioner from shop No.1466, Gali Arya Samaj, Bazar Sita Ram, Delhi - 110 006. 2.
The petition was entertained and notice thereof ordered to be issued. 3.
The counsel for the petitioner on 21st July, 2017 confined the relief in this petition to time of up to one year to vacate the premises. 4.
The counsel for the respondents is not agreeable, stating that the time within which the petitioner / tenant was to vacate the premises expired on 21st May, 2017 and the petitioner / tenant has already overstayed and the
respondents have urgent need of the shop in the tenancy of the petitioner. 5.
After persuasion, the respondents have been made to agree to grant of time to the petitioner / tenant to vacate the premises on or before 31st July, 2018.
6.
The counsel for the petitioner / tenant states that the petitioner / tenant is willing to give an undertaking in the usual form and to compensate the respondents for the period w.e.f. 21st May, 2017 till the date of delivery of possession on or before 31st July, 2018 @ Rs.7,500/- per month. 7.
The petitioner / tenant, as identified by his Advocate, undertakes to this Court:- (i) to hand over vacant peaceful physical possession of the premises in his tenancy / possession to the respondents / landlords on or before 31st July, 2018;
(ii) to, on or before 20th August, 2017, pay to the respondents / landlords the arrears of rent computed @ Rs.85/- per month with interest @ 15% per annum w.e.f. 1st December, 2014 till the end of the month of May, 2017;
(iii) to, on or before 20th August, 2017, pay to the respondents / landlords, use and occupation charges @ Rs.7,500/- per month with effect from 1st June, 2017 till the end of the month of August, 2017 and to w.e.f. the month of September, 2017, pay to the respondent no.1 a sum of Rs.7,500/- per month till the month of vacation of the premises on or before 31st July, 2018,
month by month, in advance for each month by the 10th day of each English Calendar month;
(iv) to clear the electricity and water dues of the premises till the date of occupation thereof, before leaving the premises; and, (v) to hereinafter not induct any other person into possession of the premises and to not damage the premises.
7.
The aforesaid undertakings of the petitioner / tenant are accepted and the petitioner / tenant / his legal representative are ordered to be bound therewith.
8.
The petitioner / tenant has been explained the consequences of breach of undertaking given to this Court.
9.
I have otherwise satisfied myself that the order of the Additional Rent Controller impugned in this petition is in accordance with law. 10.
The petition is accordingly dismissed; however, subject to the petitioner / tenant complying with his undertaking aforesaid, the order of eviction is made inexecutable till 31st July, 2018. 11.
It is made clear that in the event of the petitioner / tenant / his legal representative being in breach of the undertaking or any part thereof, the respondents / landlords, besides initiating proceedings against the petitioner / tenant / his legal representative for breach of undertaking given to the Court, shall also be entitled to forthwith execute the order of eviction.
12.
The counsel for the respondents / landlords to within ten days of today furnish to the counsel for the petitioner / tenant the particulars of the account of the respondent no.1 / landlady in which all the amounts aforesaid are to be deposited.
No costs.
RAJIV SAHAI ENDLAW, J AUGUST 03, 2017 'pp'..