IN THE HIGH COURT OF DELHI AT NEW DELHI
Amit Sharma, J
Ram Das Garg – Appellant
Versus
Om Prakash – Respondent
RC. REV. 371/2025
| Table of Content |
|---|
| 1. nature of the revision petition and constitutional grounds challenged. (Para 1 , 2) |
| 2. court recording consent terms and tenant's undertaking to vacate. (Para 3 , 4 , 5) |
| 3. disposal of the petition as withdrawn upon compliance. (Para 6 , 7 , 8 , 9) |
O R D E R
1. This hearing has been done through hybrid mode.
2. The present petition under Section 25B(8) of the Delhi Rent Control Act, 1958 read with Article 227 of the Constitution of India seeks the following prayers:
(i). To set aside the impugned order on leave to defend dated 15 .05.2025 , passed by Ms. Priyanka Rajpoot, Ld. SCJCUM- RC, North-West District, Rohini Courts, Delhi, in RC/ARC No. 2/2023 , titled as 'Om Prakash vs Ram Das Garg;
(ii). To dismiss or remand back the eviction petition RC/ARC No. 2/2023 , titled as 'Om Prakash vs Ram Das Garg', as per on merit of Rent Revision petition;
(iii). Any other or further order which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case may be passed in favour of the Petitioner and against the respondent.”
3. Vide order dated 18.12.2025, the learned Predecessor Bench of this Court passed the following order:
“1. Learned counsel for the parties, apropos talks with the tenant and the landlords respectively, submit that the tenant shall vacate the subject premises to hand over the physical and peaceful possession thereof to the landlord on or before 31.03.2026, as also pay user and occupation charges @ Rs. 15,000/- (Rupees Fifteen Thousand only) per month, on or before the 7th day of each month, w.e.f. November, 2025 till the vacation thereof.
2. Needless to say, the tenant shall pay/ clear all electricity, water and RWA dues, including all other statutory dues qua the subject premises, and hand over all the requisite documents reflecting the payment(s) of each of the above to the landlords on or before the said date, i.e. 31.03.2026.
3. Learned counsel for the tenant seeks and is granted a period of two weeks for filing an affidavit in compliance qua the above.”
4. Learned counsel for the petitioner submits that the affidavit has been filed, however, the same is not on record. A copy of the same has been handed up in Court today and is taken on record wherein it has been recorded as under:
“1. I undertake that I shall surrender peaceful vacant physical possession of shop/tenanted premise situated on the ground floor of the premises bearing No. WP-493, Shiv Market, Village Wazirpur, Ashok Vihar, Delhi-110052 to the Respondent on or before 31.03.2026 against written acknowledgment of receipt.
2. I undertake that during the period of my use and occupation of tenanted premise; 1 shall pay use and occupation charges @ Rs. 15,000.00 per month w.e.f. November, 2025 till March, 2026, by or before the 07th day of every English calendar month.
3. I undertake that during the period of my use and occupation of tenanted premise; I shall also regularly and punctually pay electricity charges which is applicable in present matter.
4. I undertake that throughout period of my use and occupation of tenanted premise upto 31.03.2026; I shall not create any third party right or interest or sub-let whatsoever.
5. I undertake that I shall abide with terms of this undertaking.”
5. Learned counsel for the respondent confirms the aforesaid terms.
6. In view of the above, learned counsel for the petitioner seeks leave to withdraw the present petition.
7. Leave granted.
8. The present petition is dismissed as withdrawn and disposed of accordingly.
9. Pending application(s), if any, also stands disposed of.
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