Murari Lal vs.sharda Devi

Murari Lal vs Sharda Devi

Type Court Judgment Court Delhi Decided Oct 22, 2019

~3 min read

https://sooperkanoon.com/case/1226188

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Citation: sooperkanoon.com/1226188
Court: Delhi High Court
Decided On: Oct 22, 2019
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Murari Lal

Respondent

Sharda Devi

Excerpt

.....to defend application of the petitioner has been dismissed by the rent controller and an eviction order passed.2. subject eviction petition was filed by the respondent seeking eviction of the petitioner on the ground of bonafide necessity under section 14(1) (e) of delhi rent control act, 1958 from one shop measuring 8 x 8 i.e., 64 sq. ft. with height of 7½ ft. in property bearing rc.rev.144/2018 page 1 of 3 no.b-1437, shastri nagar, delhi, more particularly as shown in red colour in the site plan attached to the eviction petition.3. learned counsel for the petitioner, under instructions from the petitioner, who is present in court in person, seeks leave to withdraw the petition.4.... petitioner, who is present in court in person, undertakes that he shall vacate and handover the peaceful vacant possession of the tenanted premises to the respondent on or before 31.03.2021.... petitioner further undertakes that he shall pay rs. 7,000/- per month as use and occupation charges till the time he hands over the peaceful vacant possession of the tenanted premises to the respondent on or before 31.03.2021.5. he further undertakes that he shall clear all water, electricity and other dues/charges in respect of the tenanted premises before he vacates the premises on or before 31.03.2021. he further undertakes that he shall not sublet, assign or part with the possession of the tenanted premises of any part thereof. he further undertakes that he shall not cause any damage to the tenanted premises and shall hand over the peaceful and vacant possession of the tenanted premises in the same condition as it exists today subject to normal wear and tear.6. 7. the undertaking is accepted. learned counsel for the respondent, under instructions from the rc.rev.144/2018 page 2 of 3 respondent, submits that the undertaking is also acceptable to the respondent.8. 9. in view of the above, the petition is dismissed as withdrawn. subject to petitioner filing an affidavit of undertaking in.....

Full Judgment

$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:

22. 10.2019 RC.REV. 144/2018 MURARI LAL versus SHARDA DEVI ........ Petitioner

..... Respondent Advocates who appeared in this case: For the... Petitioner

: Mr. Siddharth Aggarwal, Advocate. For the Respondent: Mr. Satish Sahai, Advocate. CORAM:-

"HON’BLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.

(ORAL) RC.REV. 144/2018 & CM APPL.14249/2018 APPL.25039/2019 (for taking events) (stay), CM into consideration subsequent 1.... Petitioner

impugns order dated 28.10.2017, whereby leave to defend application of the petitioner has been dismissed by the Rent Controller and an eviction order passed.

2. Subject eviction petition was filed by the respondent seeking eviction of the petitioner on the ground of bonafide necessity under Section 14(1) (e) of Delhi Rent Control Act, 1958 from one shop measuring 8 x 8 i.e., 64 sq. ft. with height of 7½ ft. in property bearing RC.REV.144/2018 Page 1 of 3 No.B-1437, Shastri Nagar, Delhi, more particularly as shown in red colour in the site plan attached to the eviction petition.

3. Learned counsel for the petitioner, under instructions from the petitioner, who is present in Court in person, seeks leave to withdraw the petition.

4.... Petitioner

, who is present in Court in person, undertakes that he shall vacate and handover the peaceful vacant possession of the tenanted premises to the respondent on or before 31.03.2021.... Petitioner

further undertakes that he shall pay Rs. 7,000/- per month as use and occupation charges till the time he hands over the peaceful vacant possession of the tenanted premises to the respondent on or before 31.03.2021.

5. He further undertakes that he shall clear all water, electricity and other dues/charges in respect of the tenanted premises before he vacates the premises on or before 31.03.2021. He further undertakes that he shall not sublet, assign or part with the possession of the tenanted premises of any part thereof. He further undertakes that he shall not cause any damage to the tenanted premises and shall hand over the peaceful and vacant possession of the tenanted premises in the same condition as it exists today subject to normal wear and tear.

6. 7. The undertaking is accepted. Learned counsel for the respondent, under instructions from the RC.REV.144/2018 Page 2 of 3 respondent, submits that the undertaking is also acceptable to the respondent.

8. 9. In view of the above, the petition is dismissed as withdrawn. Subject to petitioner filing an affidavit of undertaking in the above terms within a period of two weeks from today, execution of the impugned order dated 28.10.2017 shall remain stayed till 31.03.2021.

10. Order Dasti under signatures of the Court Master. OCTOBER22 2019 st SANJEEV SACHDEVA, J RC.REV.144/2018 Page 3 of 3

Same Court & Year Delhi · 2019 Same Parties Murari Lal vs Sharda Devi Same Subject Land Acquisition