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2020 Supreme(Del) 1373
IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, J.
Pardeep Kumar Singhal & Anr. - Appellant
Versus
Vijai Shri (P) Ltd. - Respondent
RC.REV. 367 of 2019 and CM APPL. Nos.27253/2019, 43135 of 2019
Decided On : 08-01-2020
Mr.R.K. Gupta, Advocate, for the Appellant; Mr. Amit Sethi, Mr. Amit Bhagat and Mr.Tarun Sharma, Advs, for the Respondent
The court's decision was primarily based on the acceptance of the petitioners' undertaking to vacate the premises, pay outstanding dues, and comply with other conditions, leading to the dismissal of the petition and stay of the execution of the eviction order.
Headnote:
Delhi Rent Control Act, 1958 - Bonafide Necessity - Eviction
Fact of the Case:
The petitioners sought leave to defend an eviction order passed against them on the ground of bonafide necessity under Section 14(1)(e) of the Delhi Rent Control Act, 1958 for a specific shop premises.
Finding of the Court:
The petitioners withdrew the petition and undertook to vacate and hand over the premises to the respondent by a specified date, pay outstanding dues, and comply with other conditions. The court accepted the undertaking and dismissed the petition as withdrawn, staying the execution of the eviction order till the specified date.
Issues: Non-payment of rent, eviction on the ground of bonafide necessity, and acceptance of undertaking by the court.
Ratio Decidendi: The court's decision was influenced by the petitioners' undertaking to vacate the premises, pay outstanding dues, and comply with other conditions, leading to the dismissal of the petition and stay of the execution of the eviction order.
Final Decision: The petition was dismissed as withdrawn, and the execution of the eviction order was stayed till the specified date, subject to the petitioners filing an affidavit of undertaking within a specified period.
JUDGMENT
Sanjeev Sachdeva, J. (Oral) - Petitioners impugn order dated 22.01.2019, whereby the Leave to defend application of the petitioner has been dismissed and an eviction order passed.
2. 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 Shop no.6, Liberty Cinema Building, 19-B, New Rohtak Road, New Delhi-110005 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 petitioner No.1 Mr. Pradeep Kumar Singhal, who is present in court seeks leave to withdraw the petition.
4. Petitioner No.1 who is present in Court in person, undertakes that petitioners shall vacate and handover the peaceful vacant possession of the tenanted premises to the respondent on or before 31.07.2021. Petitioners further undertake that they shall pay use and occupation charges at the agreed rate of rent besides interest in GST till the time they hand over the peaceful vacant possession of the tenanted premises to the respondent on or before 31.07.2021.
5. Petitioners 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 tenanted premises or any part thereof. They further undertake that they 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. Learned counsel for the respondent submits that the petitioners have not paid the rent with effect from 01.10.2010. Learned counsel for the petitioners submits that rent has been paid and/or deposited before the Rent Controller under Section 27 of the Delhi Rent Act and other proceedings and they undertake to furnish the proof of payment/deposit to counsel for the respondent for the period for which, rent is neither paid nor deposited, Petitioners undertake to clear the arrears within two months from today.
7. The undertaking is accepted.
8. Learned counsel for the respondent under instructions from the respondent submits that the undertaking is also acceptable to the respondent.
9. In view of the above, the petition is dismissed as withdrawn.
10. Subject to petitioners filing affidavit of undertaking in the above terms within a period of two weeks from today, execution of the impugned order dated 22.01.2019 shall remain stayed till 31.07.2021.
11. Order Dasti under signatures of the Court Master.
