Sushma @ Shiv Devi & ORS v. Arun Kumar

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 524/2017, CM No.41522/2017 (for stay) SUSHMA @ SHIV DEVI & ORS ..... Petitioners Through:

Mr. Rajeev Singh Chauhan, Adv.

versus ARUN KUMAR ..... Respondent Through:

None

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 17.11.2017 1.

This Rent Control Revision Petition under Section 25-B(8) of the Delhi Rent Control Act, 1958 impugns the order [dated 28th July, 2017 in RC/ARC No.438/2016 of the court of Rent Controller (East), Karkardooma Courts, Delhi] of eviction, after full trial, of the petitioners from one shop on ground floor of property No.IX/3263, Gali No.5, Dharam Pura, Gandhi Nagar, Delhi.

2.

The counsel for the petitioners has been heard. 3.

The counsel for the petitioners in his arguments has not challenged that the respondent is the owner of the premises in the tenancy of the petitioners and the relationship of landlord and tenant exists. In the light thereof, the discussion hereafter shall be confined to the aspect of bona fide requirement and availability of alternate accommodation. RC.REV. 524/2017

4.

At this stage, the counsel for the petitioners states that the petitioners do not want to press this petition and withdraw the same and will abide by the order of eviction impugned in this petition and only seek time till 31st December, 2018 to vacate the premises.

4.

On enquiry, it is stated that the petitioners are in exclusive control and possession of the premises with respect to which order of eviction has been passed and are in a position to furnish undertaking in the usual form to this Court.

5.

Issue notice, limited to the aforesaid aspect, to the respondent by all modes including dasti and through the advocate for the respondent before the trial court, returnable on 5th December, 2017. RAJIV SAHAI ENDLAW, J NOVEMBER 17, 2017 Pk..

RC.REV. 524/2017