Dismissed

Amit Dawar v. Suman Jain

Delhi HC8 Nov 2019RC.REV./631/2019

Case brief

AI extract

What is this about?

In an eviction appeal under the Delhi Rent Control Act, 1958, the Court permitted the petitioner to withdraw the petition. The petitioner undertook to vacate the premises and pay arrears/use charges by a future date. The execution of the impugned order was stayed.

What did the court decide?

The petition is dismissed as withdrawn; execution of the impugned order is stayed pending filing of undertaking affidavit within two weeks.

Amit Dawar Vs Suman Jain — Landlord and Tenant | Delhi HC (2019)

¶1

$~65

¶2

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

¶3

% Judgment delivered on: 08.11.2019 + RC.REV. 631/2019 AMIT DAWAR ..... Petitioner

¶4

versus

¶5

SUMAN JAIN ..... Respondent Advocates who appeared in this case: For the Petitioner: Mr. Jagjit Singh Sahni and Mr. Prabhjot Singh Sahni, Advocates with petitioner in person. For the Respondent: Mr. Sanjeet Singh, Advocate. with respondent in person.

¶6

CORAM:-

¶7

HON’BLE MR JUSTICE SANJEEV SACHDEVA

¶8

JUDGMENT

¶9

SANJEEV SACHDEVA, J. (ORAL)

¶10

CM APP. 48542/2019 (delay in re-filing)

¶11

For the reasons stated in the application, the delay in re-filing the petition is condoned. The application is disposed of.

¶12

CAV 1117/2019

¶13

In view of the appearance of the respondent, Caveat stands discharged.

¶14

RC.REV. 631/2019 & CM APPL. 48543/2019 (stay)

¶15

Petitioner impugns order dated 15.05.2019, whereby the Leave

¶16

RC.REV.631/2019

¶17

Page 1 of 3

¶18

to defend application of the petitioner has been dismissed by the Rent Controller and an eviction order passed.

¶19

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 Shop No.15, Showcase No.3, Ground Floor, Main Market, Malviya Nagar, New Delhi, more particularly as shown in red colour in the site plan attached to the eviction petition.

¶20

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

¶21

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 31.03.2021. Petitioner further undertakes that he shall pay use and occupation charges of Rs. 1,772/- per month till the time he hands over the peaceful vacant possession of the tenanted premises to the respondent on or before 31.03.2021.

¶22

Learned counsel for the respondent submits that petitioner is in arrears of rent since March, 2016. Learned counsel for the petitioner submits that petitioner has deposited rent for some period under Section 27 of the Delhi Rent Control Act. Petitioner undertakes to furnish the proof of deposit of rent within two weeks. Petitioner further undertakes that the arrears of rent at the agreed rates, if any,

¶23

RC.REV.631/2019

¶24

Page 2 of 3

¶25

shall be paid within a period of four weeks from today.

¶26

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.

¶27

The undertaking is accepted.

¶28

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

¶29

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

¶30

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 31.03.2021.

¶31

Order Dasti under signatures of the Court Master.

¶32

SANJEEV SACHDEVA, J

¶33

NOVEMBER 08, 2019/ ‘ rs’

¶34

RC.REV.631/2019

¶35

Page 3 of 3

Amit Dawar v. Suman Jain

Case brief

What is this about?

What did the court decide?

Amit Dawar v. Suman Jain

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

Raj Kumar & Ors. Vs Pradeep Kumar Puri

Nizamuddin Vs Rehan Siddiqui & Ors.

Satyendra Bansal Vs Dipti Goel

Ram Kishore Aggarwal Vs Sandeep Aggarwal

M/S Kolmet Enterprises and Anr. Vs New Delhi Municipal Council

Gopal Kukreja Vs Suman Chhabra @ Suman Mehta