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Shobha Singh (Deceased) Thr Lrs Vs Mahavir Singh — Landlord and Tenant | Delhi HC (2019)

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Delhi HC
2019
Shobha Singh (Deceased) Thr Lrs Vs Mahavir SinghShobha Singh (Deceased) Thr Lrs v. Mahavir Singh

Dismissed

Shobha Singh (Deceased) Thr Lrs v. Mahavir Singh

Delhi HC24 Oct 2019RC.REV./242/2019

Case brief

AI extract

What is this about?

Writ petitioner in eviction proceedings filed under Delhi Rent Control Act sought leave to withdraw petition and vacate premises by an undertaking. Court accepted undertaking and dismissed petition as withdrawn securing peaceful vacant possession by 02.11.2019 with agreement settling all claims.

What did the court decide?

Leave to withdraw petition granted; undertaking to vacate accepted; petition dismissed as withdrawn.

What the court decided

AI extract

Outcome

Leave to withdraw petition granted; undertaking to vacate accepted; petition dismissed as withdrawn.

Issue for consideration

Whether the writ petition seeking leave to defend the eviction petition stands withdrawn.

Detailed headnote1 paragraphs

Writ petition challenging eviction order under bonafide necessity ground dismissed as withdrawn upon acceptance of undertaking to vacate premises and hand over peaceful vacant possession before 02.11.2019. Parties agreed all claims between them would remain settled upon vacation. Order recorded as _dasti_ in court master’s presence.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

$~25

IN THE HIGH COURT OF DELHI AT NEW DELHI

- RC.REV. 242/2019 & CM APPL. 18500-18501/2019

SHOBHA SINGH (DECEASED) THR LRS ..... Petitioner Through: Mr.T.C.Sharma, Advocate.

versus

MAHAVIR SINGH ..... Respondent Through: Mohd.Sarfaraj, Advocate.

CORAM: HON'BLE MR. JUSTICE SANJEEV SACHDEVA O R D E R % 24.10.2019

Petitioner impugns order dated 25.07.2019 whereby leave to defend application of the petitioner has been dismissed and an eviction order passed.

Respondent had filed the subject eviction petition seeking eviction of the petitioner on the ground of bonafide necessity under Section 14(1) (e) of the Delhi Rent Control Act, 1958 from Shop in property No.WZ-451, Gali Keli Wali, Nangal Raya, New Delhi.

Learned counsel for the petitioner seeks leave to withdraw the petition. He undertakes that petitioner shall vacate and hand over the peaceful vacant possession of the premises to the respondent before the Executing Court on 02.11.2019. The undertaking is accepted.

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

It is agreed between the parties that in case the petitioner

RC.REV. 242/2019

1

vacates on 02.11.2019 all claims between the parties would remain settled.

Order dasti under the signature of the Court Master.

SANJEEV SACHDEVA, J

OCTOBER 24, 2019 rk

RC.REV. 242/2019

2

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the writ petition seeking leave to defend the eviction petition stands withdrawn.

Statutes considered

1 provisions across 1 enactments

AI extract

delhi-rent-control-act14(1)(e)

Parties & counsel

AI extract

petitioner
Shobha Singh (Deceased) Thr Lrs
respondent
Mahavir Singh

Coram

AI extract

Sanjeev Sachdeva

Case details

As recorded by the court registry

Court: Delhi HC
Decided on: 24 Oct 2019 · October
Registered: 20 Apr 2019
Case no.: RC.REV./242/2019
CNR: DLHC010191872019
Topic: Landlord and Tenant
Bench: Sanjeev Sachdeva

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Cite this judgement

Shobha Singh (Deceased) Thr Lrs v. Mahavir Singh, RC.REV./242/2019 (DEL), decided on 24 October 2019.

The High Court of Delhi publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

delhi-rent-control-act14(1)(e)

View all statutes

Bench / Coram

Sanjeev Sachdeva

Parties & counsel