Mst. Zaibun Nisha v. Muhammad Aqil & ANR.
$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 261/2025 & CM APPL. 53953/2025, 75496/2025 MST. ZAIBUN NISHA .....Petitioner Through:
Mr. Rahul Kumar, Ms. Prity Kumari and Mr. Rishabh B., Advocates.
versus MUHAMMAD AQIL & ANR.
.....Respondents Through:
Counsel appearance not given.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
O R D E R
% 24.03.2026 1.
This hearing has been done through hybrid mode. 2.
The present petition under Section 25B(8) of the Delhi Rent Control Act read with Section 115 of the CPC seeks following prayers:- "a. allow the present Revision Petition and set aside the impugned judgment and order dated 22.05.2025 passed by the ld Additional Rent controller ARC-02 (Central district) Tis Hazari, Delhi in eviction Petition/Application RC ARC 441/2024.
b. Pass any other order and/ or directions as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." 3.
On 13.02.2026 the following order was passed:- "2. Learned counsel appearing on behalf of the petitioner, on instructions of Mr. Mohd. Razi, who is petitioner's son, submits that an oral settlement has been arrived at with the landlord/respondents and the petitioner shall vacate the premises by 15.04.2026.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
3. Let an affidavit of undertaking on behalf of the petitioner be placed on record before the next date of hearing.
4. On the aforesaid being done, learned counsel for the respondents, on instructions, submits that the use and occupation charges would be waived off."
4.
In pursuance of the aforesaid, an affidavit dated 23.03.2026, of the petitioner has been handed up in Court and the same is taken on record, wherein it has been recorded as under:- "2. That I say that I undertake to vacate the tenanted premises that is the residential premises comprising of 4 rooms, 2 kitchens, 1 bath, one latrine, courtyard and covered verandah in the front portion of the ground floor of property no. 2206, Ward No. X, Gali Dakotan, Turkman Gate Delhi110006 and hand over the possession of the same to the respondents / owners by the 15th day of April, 2026.
3. That the matter between the parties have settled and no payment towards the rent of the premises are found due and payable.
4. That I am filing the present affidavit / undertaking before this Hon'ble Court voluntarily and without any coercion or undue influence or pressure upon me.
5. That the contents of the present affidavit have been read over and explained to me by my counsel in my vernacular language, Urdu, and I have clearly and completely understood the same and I affirm the same to be correct."
5.
In view of the above, learned counsel appearing on behalf of the petitioner seeks leave to withdraw the present petition. 6.
Leave granted.
7.
The present petition is dismissed as withdrawn and disposed of accordingly.
8.
Pending application(s), if any, also stand disposed of. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
9.
Needless to state that the petitioner shall be bound by the undertaking given before this Court.
AMIT SHARMA, J MARCH 24, 2026/sn/ah The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.