Dismissed

Nanak Chand @ Nanak Ram & Anr. v. Rajinder Kumar Ratawal & Anr.

Delhi HC10 Oct 2019RC.REV./306/2019

Case brief

AI extract

What is this about?

Petitioners challenging an eviction order filed an undertaking to vacate premises and pay use charges. The High Court of Delhi accepted the undertaking, dismissed the revision petition as withdrawn, and stayed the execution of the order until 10.10.2021.

What did the court decide?

Undertaking accepted; eviction order execution stayed till 10.10.2021; petition dismissed as withdrawn.

Nanak Chand @ Nanak Ram & Anr. Vs Rajinder Kumar Ratawal… — Landlord and Tenant | Delhi HC (2019)

¶1

$~24

¶2

*** IN THE HIGH COURT OF DELHI AT NEW DELHI**

¶3

% Judgment delivered on: 10.10.2019

¶4

- RC.REV. 306/2019

¶5

NANAK CHAND @ NANAK RAM & ANR..... Petitioners

¶6

versus

¶7

RAJINDER KUMAR RATAWAL & ANR ..... Respondents

¶8

Advocates who appeared in this case:

¶9

For the Petitioner: Mr. Jai Sahai Endlaw with Mr. Shivansh Soni, Advocates.

¶10

For the Respondent: Mr. Rajiv Bajaj, Advocate.

¶11

CORAM:-

¶12

HON’BLE MR JUSTICE SANJEEV SACHDEVA

¶13

JUDGMENT

¶14

SANJEEV SACHDEVA, J. (ORAL)

¶15

RC.REV. 306/2019 & CM APPL.23799/2019 (stay), CM APPL.44020/2019 (for fixation of user charges)

¶16

Petitioners impugn order dated 24.12.2018, whereby, leave to defend application of the petitioners has been dismissed and an eviction order passed.

¶17

Respondents had filed the subject eviction petition seeking eviction of the petitioners, on the ground of bonafide necessity under Section 14(1) (e) of the Delhi Rent Control Act, 1958, from a shop on

¶18

RC.REV. 306/2019

¶19

Page 1 of 3

¶20

the ground floor of a property bearing No.65/17, New Rohtak Road, Karol Bagh, Delhi, more particularly as shown in red colour in the site plan annexed with the eviction petition.

¶21

Learned counsel for the petitioners, under instructions from the petitioners seeks leave to withdraw the petition.

¶22

The petitioners undertake that they shall vacate and handover the peaceful vacant possession of the tenanted premises to the respondent on or before 10.10.2021. Petitioners further undertake that they shall pay Rs. 7000/- per month as use and occupation charges w.e.f. 01.07.2019 till the time they hand over the peaceful vacant possession of the tenanted premises to the respondents on or before 10.10.2021. They undertake to clear the arrears of use and occupation charges in two months

¶23

Petitioners further undertake that the petitioners shall clear all water, electricity and other dues/charges in respect of the tenanted premises before the petitioners vacates the premises on or before 10.10.2021. Petitioners further undertake that the petitioners shall not sublet, assign or part with the possession of the tenanted premises or any part thereof. Petitioners further undertakes that the petitioners shall not cause any damage to the property and shall hand over the peaceful vacant possession of the tenanted premises to the respondent in a condition as existing today, subject to normal wear and tear.

¶24

RC.REV. 306/2019

¶25

Page 2 of 3

¶26

The undertaking is accepted.

¶27

Learned Counsel for the Respondents submits that the

¶28

undertaking is acceptable to the respondents.

¶29

The Petition is accordingly dismissed as withdrawn.

¶30

On petitioners filing an affidavit of undertaking, within two

¶31

weeks in the above terms, execution of the impugned order dated 24.12.2018 shall remain stayed till 10.10.2021.

¶32

Order Dasti under signatures of the Court Master.

¶33

SANJEEV SACHDEVA, J

¶34

OCTOBER 10, 2019 st

¶35

RC.REV. 306/2019

¶36

Page 3 of 3

Nanak Chand @ Nanak Ram & Anr. v. Rajinder Kumar Ratawal & Anr.

Case brief

What is this about?

What did the court decide?

Nanak Chand @ Nanak Ram & Anr. v. Rajinder Kumar Ratawal & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Usha Narang Vs Mahesh Kumar & Anr.

Simons Motor Driving Training Institute and Research Society Vs Govt. of N.C.T. of Delhi and Ors.

Vikas Bhaskar Vs University of Delhi

Dr Ravinder Chaudhary Vs the Veterinary Council of India & Anr.

Amit Gupta Vs Anish Goel

Geeta Kapoor Vs Jaipal & Anr.