Disposed

Rakesh Kumar v. Gurdeep Singh Gumber

Delhi HC10 Feb 2020RC.REV./78/2020

Case brief

AI extract

What is this about?

Bench allowed a consent order for the revision petition challenging the dismissal of leave to defend and subsequent eviction. The petitioner agreed to vacate the premises by July 31, 2020, clear arrears, and pay use and occupation charges from February 2020. The respondent to refrain from execution proceedings in the interim.

What did the court decide?

Petitioner to vacate shop by 31.07.2020, clear rent dues, pay use and occupation charges; respondent to refrain from execution petition.

Rakesh Kumar Vs Gurdeep Singh Gumber — Landlord and Tenant | Delhi HC (2020)

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$~52

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- RC.REV. 78/2020

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RAKESH KUMAR ..... Petitioner Through: Mr. Bharat Ahuja, Advocate. versus

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GURDEEP SINGH GUMBER ..... Respondent Through: Mr. Satvinder Singh, Advocate with Mr. Robin Bansal, Advocate.

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CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

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O R D E R % 10.02.2020

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Caveat No.124/2020

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Counsel for the respondent has entered appearance. Caveat accordingly stands discharged.

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C.M. No.5183/2020 (exemption)

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Exemption allowed, subject to all just exceptions. Application stands disposed of.

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RC. REV. No.78/2020 and C.M. No.5182/2020

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This revision petition impugns order dated 17.07.2019 whereby the learned Additional Rent Controller has dismissed the leave-todefend application filed by the petitioner under Section 25B(4) of the Delhi Rent Control Act 1958 ; consequent upon which an eviction order has been passed.

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Page 1 of 3

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RC.REV. 78/2020

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After making some submissions, parties are agreeable that the present petition be disposed of by a consent order in the following terms:

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(i) petitioner shall vacate and surrender peaceful, physical possession of the subject premises i.e shop on the Ground Floor of property bearing No.25/63 West Punjabi Bagh, New Delhi to the respondent on or before 31.07.2020;

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(ii) petitioner shall clear all arrears of rent/ mesne profits due upto 31.01.2020 at the rate of ₹1,100/- per month, within the next four weeks;

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(iii)for the period from 01.02.2020 till 31.07.2020 petitioner shall pay use and occupation charges at ₹5,500/- per month, regularly and punctually, by or before the 7^th of each English calendar month;

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(iv) petitioner shall not create any third-party rights or interests whatsoever in, nor part with possession of, the subject premises to any person or party;

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(v) petitioner shall clear all arrears of electricity and water charges as may be due for the subject premises prior to surrendering possession to the respondent;

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(vi) petitioner shall not use the subject premises for any purpose other than those permitted by law.

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Let the petitioner file an affidavit of undertaking to the above effect in this court, within two weeks from today. Parties shall remain bound by the terms of consent given in court today.

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RC.REV. 78/2020

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Page 2 of 3

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In the meantime, respondent shall not press the execution petition which has been filed.

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The petition and any pending applications stand disposed of in the above terms.

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ANUP JAIRAM BHAMBHANI, J

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FEBRUARY 10, 2020/ Ne

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Page 3 of 3

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RC.REV. 78/2020

Rakesh Kumar v. Gurdeep Singh Gumber

Case brief

What is this about?

What did the court decide?

Rakesh Kumar v. Gurdeep Singh Gumber

Case brief

What is this about?

What did the court decide?

What the court decided

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