Back
2019 Supreme(Del) 1927
IN THE HIGH COURT OF DELHI AT NEW DELHI
SANJEEV SACHDEVA, J.
Nasir Ali And Others — Appellant
Versus
Mohd Yasin — Respondent
Rent Control Revision No. 293 of 2019; Civil Miscellaneous Appication No. 22157, 22224, 36145 of 2019
Decided on : 12-09-2019
Advocate Appeared:
Rajneesh Vats, Adv., Mohd Faruq, Adv.
The acceptance of the undertaking by the petitioners influenced the court's decision in dismissing the petition and staying the execution of the impugned order.
Headnote:
Limitation - Eviction - Summary: The court dismissed the petitioner's Leave to defend application on the ground that it was filed beyond limitation. The petitioners sought one year's time to vacate the premises and undertook to pay monthly charges and clear all dues before vacating. The court accepted the undertaking and dismissed the petition as withdrawn, staying the execution of the impugned order until a specified date.
Fact of the Case:
The petitioner sought Leave to defend application which was dismissed by the Rent Controller as being filed beyond limitation. The respondent filed a petition seeking eviction of the petitioner under Section 14(1) (e) of Delhi Rent Control Act, 1958 from a shop.
Finding of the Court:
The court accepted the undertaking of the petitioners and dismissed the petition as withdrawn, staying the execution of the impugned order until a specified date.
Issues: Limitation of filing Leave to defend application, eviction petition under Section 14(1) (e) of Delhi Rent Control Act, 1958.
Ratio Decidendi: The court's decision was influenced by the acceptance of the petitioners' undertaking to vacate the premises, pay monthly charges, and clear all dues before vacating.
Final Decision: The petition was dismissed as withdrawn, and the execution of the impugned order was stayed until a specified date.
JUDGMENT :
Sanjeev Sachdeva, J.
Petitioner impugns order dated 11.02.2019, whereby the Leave to defend application of the petitioner has been dismissed by the Rent Controller on the ground that same was filed beyond limitation.
2. Respondent filed the subject petition seeking eviction of the petitioner under Section 14(1) (e) of Delhi Rent Control Act, 1958 from a shop on the ground floor of property bearing no. 769, Suiwalan, Daryaganj, Delhi measuring 20.6 x 7.3 ft. more particularly as shown in red colour in the site plan attached to the eviction petition.
3. Learned counsel for the petitioners under instructions from the petitioners No. 1 & 2, who are present in Court in person, seeks leave to withdraw the petition.
4. Petitioner nos. 1 and 2 for themselves and on behalf of the other petitioners pray for grant of one year's time to vacate and handover the peaceful vacant possession of the tenanted premises to the respondent.
5. Petitioners, who are present in Court in person, undertake that they shall vacate and handover the peaceful vacant possession of the tenanted premises to the respondent on or before 11.09.2020. They undertake to pay a sum of Rs.15,000/- per month as use and occupation charges with effect from 11.08.2019 till the time they hand over the peaceful vacant possession of the tenanted premises to the respondent. They further undertake that they shall clear all water, electricity and other dues/charges in respect of the tenanted premises before they vacate the premises. They further undertake that they shall not sublet, assign or part with the possession of the entire or any portion of the tenanted premises to any third party.
6. The undertaking is accepted.
7. Learned counsel under instructions from the respondent submits that the undertaking is also acceptable to the respondent.
8. In view of the above, the petition is dismissed as withdrawn.
9. Subject to petitioners filing an affidavit of undertaking in the above terms within a period of two weeks from today, execution of the impugned order dated 11.02.2019 shall remain stayed till 11.09.2020.
10. Order Dasti under signatures of the Court Master.
