Kishore v. Veena Wadhwa

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 20.11.2019 + KISHORE ..... Petitioner versus VEENA WADHWA ..... Respondent Advocates who appeared in this case:

For the Petitioner:

Mr. Jatin Rajput with Ms. Shilpi Gupta, Advocates. For the Respondent: Mr. Praveen Suri, Advocate. CORAM:- HON'BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

SANJEEV SACHDEVA, J. (ORAL) RC.REV. 217/2018 & CM APPL.25958/2019 (for modification of order dated 22.02.2019) 1.

Petitioner impugns order dated 04.01.2018, whereby the leave to defend application of the petitioner was dismissed and an eviction order passed.

2.

Respondent had filed the subject eviction petition seeking eviction of the petitioner on the ground of bonafide necessity under Section 14(1) (e) of Delhi Rent Control Act, 1958 from one shop measuring 10 x 20 feet on the ground floor in property bearing No.S24, Janta Market, Rajouri Garden, New Delhi, more particularly, as

shown in red colour in the site plan attached to the eviction petition. 3.

Learned counsel for the petitioner under instructions from the petitioner who is present in Court in person, seeks leave to withdraw the petition.

4.

Petitioner, who is present in Court in person, undertakes that he shall vacate and handover the peaceful vacant possession of the tenanted premises to the respondent on or before 30.11.2020. Petitioner further undertakes that he shall pay a sum pay Rs. 25,000/- per month as use and occupation charges till the time he hands over the peaceful vacant possession of the tenanted premises to the respondent on or before 30.11.2020.

5.

Petitioner further undertakes that he shall clear all water, electricity and other dues/charges in respect of the tenanted premises before they vacate the premises on or before 30.11.2020. He further undertakes that he shall not sublet, assign or part with the possession of the tenanted premises or any part thereof. He further undertakes that he shall not cause any damage to the tenanted premises and hand over the possession of the same to the Respondent in the same condition as it exists today subject to normal wear and tear. 6.

The undertaking is accepted.

7.

Learned counsel for the respondent under instructions from the respondent submits that the undertaking is also acceptable to the

respondent.

8.

In view of the above, the petition is dismissed as withdrawn. 9.

Subject to petitioner filing an affidavit of undertaking in the above terms within a period of four weeks from today, execution of the impugned order dated 04.01.2018 shall remain stayed till 30.11.2020.

10.

Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J NOVEMBER 20, 2019 st