Farukh vs.sadhna Tyagi

Farukh vs Sadhna Tyagi

Type Court Judgment Court Delhi Decided Nov 29, 2019

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Citation: sooperkanoon.com/1226977
Court: Delhi High Court
Decided On: Nov 29, 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

Farukh

Respondent

Sadhna Tyagi

Excerpt

.....07.01.2019, whereby the leave to defend application of the petitioner was dismissed 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 the delhi rent control act, 1958, from x/4104 (also known as x/4104-a), gali no.15, shanti mohalla, gandhi nagar, delhi-110031, more particularly as shown in red colour in the site plan annexed with the eviction petition. rc.rev.396/2019 page 1 of 3 3. learned counsel for the petitioner, under instructions from the petitioner, seeks leave to withdraw the petition.4.... petitioner who is present in court in person, undertakes that petitioner shall vacate and handover the peaceful vacant possession of the tenanted premises to the respondent on or before 31.05.2021.... petitioner further undertakes that he shall pay a sum of ₹ 5000/- per month with effect from 01.07.2019 as use and occupation charges to the respondent till the time petitioner hands over the peaceful vacant possession of the tenanted premises to the respondent on or before 31.05.2021. he further undertakes that the use and occupation charges shall be cleared within two months.5.... petitioner further undertakes that petitioner shall clear all water, electricity and other dues/charges in respect of the tenanted premises before the petitioner vacates the premises on or before 31.05.2021.6.... petitioner further undertakes that petitioner shall not sublet, assign or part with the possession of the tenanted premises or any part thereof.... petitioner further undertakes that petitioner shall not cause any damage to the property and shall hand over the peaceful vacant possession of the tenanted premises to the respondent in a condition as existing today, subject to normal wear and tear.7. 8. the undertaking is accepted. learned counsel for the respondent submits that the rc.rev.396/2019 page 2 of 3 undertaking is acceptable to the.....

Full Judgment

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:

29. 11.2019 RC.REV. 396/2019 & CM APPL. 29641/2019, 29643/2019 FARUKH versus SADHNA TYAGI ........ Petitioner

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

: Ms.Nazma Akhtar and Ms.Meenakshi Sharma, Advocates. For the Respondent: Mr.Sandeep Garg, Ms.Priya Saxena and Mr.Harshit Goyal, Advocates. CORAM:-

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

(ORAL) JUDGMENT1... Petitioner

impugns order dated 07.01.2019, whereby the leave to defend application of the petitioner was dismissed 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 the Delhi Rent Control Act, 1958, from X/4104 (also known as X/4104-A), Gali No.15, Shanti Mohalla, Gandhi Nagar, Delhi-110031, more particularly as shown in red colour in the site plan annexed with the eviction petition. RC.REV.396/2019 Page 1 of 3 3. Learned counsel for the petitioner, under instructions from the petitioner, seeks leave to withdraw the petition.

4.... Petitioner

who is present in Court in person, undertakes that petitioner shall vacate and handover the peaceful vacant possession of the tenanted premises to the respondent on or before 31.05.2021.... Petitioner

further undertakes that he shall pay a sum of ₹ 5000/- per month with effect from 01.07.2019 as use and occupation charges to the respondent till the time petitioner hands over the peaceful vacant possession of the tenanted premises to the respondent on or before 31.05.2021. He further undertakes that the use and occupation charges shall be cleared within two months.

5.... Petitioner

further undertakes that petitioner shall clear all water, electricity and other dues/charges in respect of the tenanted premises before the petitioner vacates the premises on or before 31.05.2021.

6.... Petitioner

further undertakes that petitioner shall not sublet, assign or part with the possession of the tenanted premises or any part thereof.... Petitioner

further undertakes that petitioner shall not cause any damage to the property and shall hand over the peaceful vacant possession of the tenanted premises to the respondent in a condition as existing today, subject to normal wear and tear.

7. 8. The undertaking is accepted. Learned Counsel for the Respondent submits that the RC.REV.396/2019 Page 2 of 3 undertaking is acceptable to the respondent.

9. The Petition is accordingly dismissed as withdrawn.

10. Subject to petitioner filing an affidavit of undertaking in the above terms, within a period of two weeks, execution of the impugned order dated 07.01.2019 shall remain stayed till 31.05.2021.

11. Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J NOVEMBER29 2019 rk RC.REV.396/2019 Page 3 of 3

Same Court & Year Delhi · 2019 Same Parties Farukh vs Sadhna Tyagi Same Subject Land Acquisition