Kashmir Singh Vs Surinder Kumar Chadha and Anr. — Delhi HC (2026) — LawSathi Research

Kashmir Singh Vs Surinder Kumar Chadha and Anr. — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Leave granted to withdraw the petition; petition dismissed as withdrawn and disposed of accordingly; pending applications disposed of; petitioner bound by undertaking to vacate the subject shop premises on or before 02.01.2027, to continue paying use and occupation charges, and to clear statutory dues of water and electricity.

Issue for consideration

Whether the impugned order dated 25.09.2023 of the Additional Rent Controller, West District, Tis Hazari Courts, Delhi in RC ARC No. 57/2018 should be set aside and the petitioner's application seeking Leave to Defend allowed (raised by prayer; not adjudicated, as the petition was withdrawn).

Ratio / Principle

Leave was granted to learned counsel for the petitioner to withdraw the petition, and the petition was dismissed as withdrawn and disposed of accordingly, with pending applications also disposed of.

Key takeaways

The petitioner shall abide by the affidavit of undertaking given by him, namely to vacate Shop No. 4, WZ-77/1, Block-D, Mohalla Guru Nanak Pura, Fateh Nagar, Jail Road, New Delhi-110018 on or before 02.01.2027, to continue paying use and occupation charges until vacating and handing over, and to clear all statutory dues of water and electricity during that period.ratio¶26

Detailed headnote1 paragraphs

Delhi High Court (Amit Sharma, J.), RC.REV. 18/2024: Revision petition under Section 25B(8) of the Delhi Rent Control Act by tenant Kashmir Singh seeking to set aside the order dated 25.09.2023 of the Ld. Additional Rent Controller, West District, Tis Hazari Courts, Delhi in RC ARC No. 57/2018 ('Surinder Kumar Chadha & Anr. v. Kashmir Singh') and to allow his application seeking Leave to Defend. Before adjudication, the petitioner placed on record an affidavit of undertaking in terms of the Court's order dated 02.04.2026, undertaking to vacate Shop No. 4, WZ-77/1, Block-D, Mohalla Guru Nanak Pura, Fateh Nagar, Jail Road, New Delhi-110018 within nine months, i.e., on or before 02.01.2027, to continue paying use and occupation charges regularly, and to clear all statutory dues of water and electricity. Counsel thereupon sought leave to withdraw the petition; leave was granted, and the petition was dismissed as withdrawn and disposed of accordingly, pending applications standing disposed of, with the petitioner directed to abide by his undertaking. The merits of the leave-to-defend controversy were not adjudicated.

$~16

IN THE HIGH COURT OF DELHI AT NEW DELHI

- RC.REV. 18/2024 & CM APPL. 3025/2024

KASHMIR SINGH .....Petitioner

Through: Mr. Umang Tyagi, Mr. Harmeet Grover and Mr. Siddharth Sharma, Advocates.

versus

SURINDER KUMAR CHADHA AND ANR .....Respondents Through: Ms. Deepika Dahiya, Advocate.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R % 17.04.2026

This hearing has been done through hybrid mode.

The present petition under Section 25B(8) of the Delhi Rent Control Act seeks following prayers:-

“I. Set aside the impugned order dated 25.09.2023 passed by the L.d. Additional Rent Controller, West District, Tis Hazari Courts. Delhi in RC ARC No. 57/2018 titled “Surinder Kumar Chadha & Anr. v. Kashmir Singh” and allow the Application seeking Leave to Defend filed on behalf of the Petitioner herein;

II. Pass any other such order (s) as this Hon’ble Court may deem fit in the interest of justice and as per the facts and the circumstances of the case.”

Affidavit of undertaking in terms of order dated 02.04.2026 passed by this Court, has been placed on record, wherein it has been stated as under:-

“2. That I hereby, in terms of order dated 02.04 .2026 passed by this Hon

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/04/2026 at 15:23:35

'ble Court, undertake and solemnly affirm that I shall vacate the subject premises i.e., property bearing no. Shop No. 4, WZ-77/1, Block-D, Mohalla Guru Nanak Pura, Fateh Nagar, Jail Road, New Delhi-110018, within a period of 9 (Nine) months from the date of the aforesaid order, i.e., on or before 02.01.2027.

That I further undertake that I shall continue to pay the use and occupation charges in respect of the subject premises regularly and without any default during the aforesaid period, until the subject premises are vacated and handed over,

That I further undertake that I shall clear all the statutory dues with respect to water and electricity in connection with the subject premises during the aforesaid period, and no such dues shall remain outstanding at the time of vacation of the subject premises.

That I am making this affidavit in compliance with the order dated 02.04.2026 passed by this Hon'ble Court in the present matter, and I am fully aware of the legal consequences of breach of the undertaking given herein.”

In view of the above, learned counsel appearing on behalf of the petitioner seeks leave of this Court to withdraw the present petition.

Leave granted.

The present petition is dismissed as withdrawn and disposed of accordingly.

Needless to state that petitioner shall abide by the aforesaid undertaking given by him.

Pending application(s), if any, also stand disposed of.

Order be uploaded on the website of this Court, forthwith .

AMIT SHARMA, J

APRIL 17, 2026/ sn/db

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/04/2026 at 15:23:35