Dismissed

Jhabbu Lal Gupta v. Laxmi Narayan

Delhi HC1 Nov 2019RC.REV./508/2018

Case brief

AI extract

What is this about?

The High Court of Delhi, on a regular revision petition impugning an eviction order, accepted the petitioner's personal undertaking to vacate premises and pay charges. The petition was dismissed as withdrawn, and execution of the eviction order was stayed pending filing of an affidavit of undertaking, until December 31, 2020.

What did the court decide?

Petition dismissed as withdrawn. Execution of eviction order stayed until December 31, 2020, subject to petitioner filing an affidavit of undertaking.

Jhabbu Lal Gupta Vs Laxmi Narayan — Landlord and Tenant | Delhi HC (2019)

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$~26

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

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% Judgment delivered on: 01.11.2019

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- RC.REV. 508/2018 & CM APPL. 44777/2018

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JHABBU LAL GUPTA ..... Petitioner versus LAXMI NARAYAN ..... Respondent Advocates who appeared in this case: For the Petitioner: Mr.Hari Prakash, Advocate. For the Respondent: Mr. M.C.Kashyap, Advocate.

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CORAM:-

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HON’BLE MR JUSTICE SANJEEV SACHDEVA

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JUDGMENT

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SANJEEV SACHDEVA, J. (ORAL)

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Petitioner impugns order dated 23.04.2018, whereby the leave to defend application of the petitioner has been dismissed and an eviction order was passed.

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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 a shop on the ground floor of property bearing No.E-16/1289, Bapa Nagar, Padam Singh, Karol Bagh, New Delhi-110005, more particularly as shown in

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RC.REV.508/2018

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

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

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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 31.12.2020. Petitioner further undertakes that he shall pay a sum pay Rs. 12,000/per month as use and occupation charges with effect from 01.11.2019 till the time he hands over the peaceful vacant possession of the tenanted premises to the respondent on or before 31.12.2020.

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Petitioner further undertakes that he shall clear all water, electricity and other dues/charges in respect of the tenanted premises before he vacates the premises on or before 31.12.2020. 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.

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The undertaking is accepted.

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

RC.REV.508/2018

Page 2 of 3

respondent.

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

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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 23.04.2018 shall remain stayed till 31.12.2020.

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Order Dasti under signatures of the Court Master.

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SANJEEV SACHDEVA, J NOVEMBER 01, 2019 rk

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RC.REV.508/2018

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Jhabbu Lal Gupta v. Laxmi Narayan

Case brief

What is this about?

What did the court decide?

Jhabbu Lal Gupta v. Laxmi Narayan

Case brief

What is this about?

What did the court decide?

What the court decided

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