Dismissed

M/S Chopra General Store & Ors. v. Assa Ram

Delhi HC18 Nov 2019RC.REV./354/2015

Case brief

AI extract

What is this about?

The petitioner in an eviction proceeding under the Delhi Rent Control Act sought leave to withdraw the revision petition. The petitioner undertook to vacate the premises by May 31, 2021, pay use charges, and clear dues. The court accepted the undertaking, dismissed the petition as withdrawn, and stayed execution of the impugned order pending the filing of the undertaking affidavit.

What did the court decide?

Petition dismissed as withdrawn; execution of eviction order stayed until 31.05.2021 pending filing of undertaking affidavit.

M/S Chopra General Store & Ors. Vs Assa Ram — Landlord and Tenant | Delhi HC (2019)

¶1

$~16

¶2

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

¶3

% Judgment delivered on: 18.11.2019

¶4

- RC.REV. 354/2015

¶5

M/S CHOPRA GENERAL STORE & ORS ..... Petitioners

¶6

versus

¶7

ASSA RAM ..... Respondent

¶8

Advocates who appeared in this case:

¶9

For the Petitioner: Mr. S.D. Ansari with Mr. I. Ahmed, Advocates with petitioner No.2 in person. For the Respondent: Mr. Kirti Uppal, Sr. Advocate with Mr. N.K. Kantawala, Mr. Satyender Chahar and Mr. Aditya Awasthi, Advocates.

¶10

CORAM:-

¶11

HON’BLE MR JUSTICE SANJEEV SACHDEVA

¶12

JUDGMENT

¶13

SANJEEV SACHDEVA, J. (ORAL)

¶14

RC.REV. 354/2015 & CM APPL.12630/2015 (stay), CM APPL.29202/2018 (directions), CM APPL. 44812/2018 (for recall of order dated 24.07.2018)

¶15

Petitioners impugn order dated 16.03.2015, whereby the leave to defend application of the petitioners was dismissed and an eviction order passed.

¶16

Respondent had filed the subject eviction petition seeking

¶17

RC.REV.354/2015

¶18

Page 1 of 3

¶19

eviction of the petitioners on the ground of bonafide necessity under Section 14(1) (e) of Delhi Rent Control Act, 1958 from one shop bearing No.33, Central Road, Bhogal, Jungpura, New Delhi, more particularly as shown in red colour in the site plan attached to the eviction petition.

¶20

Learned counsel for the petitioners, under instructions from the petitioner No.2, who is present in Court in person, seeks leave to withdraw the petition.

¶21

Petitioner No.2, who is present in Court in person, undertakes on his behalf as also on behalf of petitioner Nos.1 and 3 that they shall vacate and handover the peaceful vacant possession of the tenanted premises to the respondent on or before 31.05.2021. Petitioners further undertake that they shall pay a sum of Rs. 3600/- 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 31.05.2021.

¶22

Petitioners further undertake that they shall clear all water, electricity and other dues/charges in respect of the tenanted premises before he vacates the premises on or before 31.05.2021. Petitioners further undertake that they shall not sublet, assign or part with the possession of the tenanted premises or any part thereof. They further undertake that they shall not cause any damage to the tenanted premises and hand over the possession of the same to the Respondent

¶23

RC.REV.354/2015

¶24

Page 2 of 3

¶25

in the same condition as it exists today subject to normal wear and tear.

¶26

The undertaking is accepted.

¶27

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

¶28

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

¶29

Subject to petitioners filing an affidavit of undertaking in the above terms within a period of two weeks from today, execution of the impugned order dated 16.03.2015 shall remain stayed till 31.05.2021.

¶30

Order Dasti under signatures of the Court Master.

¶31

SANJEEV SACHDEVA, J

¶32

NOVEMBER 18, 2019 st

¶33

RC.REV.354/2015

¶34

Page 3 of 3

M/S Chopra General Store & Ors. v. Assa Ram

Case brief

What is this about?

What did the court decide?

M/S Chopra General Store & Ors. v. Assa Ram

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Hotel Queen Road Pvt. Ltd. Vs New Delhi Municipal Council

Balram Rastogi Vs Kamal Aggarwal & Ors.

Virender Pal Vs Zahirruddin & Anr.

Padma Arora & Ors. Vs Rajesh Narula

Ashif Jamali & Anr. Vs Mirazul Arfeen Deceased Thr Lrs

Mobin Ahmad Vs Gajender Singh