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Yogesh Vs Pawan Kumar Bansal & Ors. — Execution and Attachment | Delhi HC (2019)

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Delhi HC
2019
Yogesh Vs Pawan Kumar Bansal & Ors.Yogesh v. Pawan Kumar Bansal & Ors.

Dismissed

Yogesh v. Pawan Kumar Bansal & Ors.

Delhi HC14 Nov 2019RC.REV./604/2019

Case brief

AI extract

What is this about?

Petitioner sought withdrawal of a leave to defend application and stay of eviction order a

What did the court decide?

Leave to defend application dismissed as withdrawn; execution of eviction order stayed till 31.12.2020.

What the court decided

AI extract

A

$~58

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

% Judgment delivered on: 14.11.2019 + RC.REV. 604/2019 & CM APPL. 46782/2019 YOGESH ..... Petitioner

versus PAWAN KUMAR BANSAL & ORS. ..... Respondents

Advocates who appeared in this case: For the Petitioner: Mr. Manoj Kumar Advocate with Petitioner in person. For the Respondent: Mr. Sunil Dutt Dixit with Ms.Neha Shukla, Advocate.

CORAM:-

HON’BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

Petitioner impugns order dated 15.05.2019, whereby the Leave to defend application of the petitioner has been dismissed by the Rent Controller 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 Delhi Rent Control Act, 1958 with regard to part of Ground Floor of property bearing Nos. 600-601, Kucha Pati Ram, Bazar Sita Ram, Delhi-110006, more particularly as shown in red

Parties & counsel

AI extract

petitioner
Yogesh
respondent
Pawan Kumar Bansal & Ors.

Coram

AI extract

Sanjeev Sachdeva

Case details

As recorded by the court registry

Court: Delhi HC
Decided on: 14 Nov 2019 · November
Registered: 22 Oct 2019
Case no.: RC.REV./604/2019

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Cite this judgement

Yogesh v. Pawan Kumar Bansal & Ors., RC.REV./604/2019 (DEL), decided on 14 November 2019.

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

Bench / Coram

Sanjeev Sachdeva

Parties & counsel

Outcome

Leave to defend application dismissed as withdrawn; execution of eviction order stayed till 31.12.2020.

Detailed headnote1 paragraphs

Petitioner applied to withdraw a leave to defend application filed under a rent control eviction petition. The court accepted the undertaking to vacate possession and pay dues, dismissed the leave to defend petition as withdrawn, and stayed the execution of the impugned eviction order until 31.12.2020 pending filing of an affidavit.

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.

RC.REV.604/2019

Page 1 of 3

colour in the site plan attached to the eviction petition.

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

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 30.11.2020. Petitioner further undertakes that he shall pay use and occupation charges at the agreed rate of Rs. 5,000/- per month till the time he hands over the peaceful vacant possession of the tenanted premises to the respondent on or before 30.11.2020.

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. 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 shall hand over the possession of the same in the condition as it exists today subject to normal wear and tear.

6. The undertaking is accepted.

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

RC.REV.604/2019

Page 2 of 3

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

Subject to petitioner filing an affidavit of undertaking in the above terms within a period of two weeks from today, execution of the impugned order dated 15.05.2019 shall remain stayed till 31.12.2020.

Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J. NOVEMBER 14, 2019 ‘neelam ’

RC.REV.604/2019

Page 3 of 3

CNR

DLHC010423582019

Topic

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Bench

Sanjeev Sachdeva

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