Umesh Kumar & Anr vs.ram Kaur ( Deceased ) Thr Lrs

Umesh Kumar & Anr vs Ram Kaur ( Deceased ) Thr Lrs

Type Court Judgment Court Delhi Decided Dec 06, 2019

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https://sooperkanoon.com/case/1227093

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Citation: sooperkanoon.com/1227093
Court: Delhi High Court
Decided On: Dec 06, 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

Umesh Kumar & Anr

Respondent

Ram Kaur ( Deceased ) Thr Lrs

Excerpt

.....to defend application of the petitioners has been dismissed by the rent controller and an eviction order passed.2.... respondents had filed the subject eviction petition seeking eviction of the petitioners on the ground of bonafide necessity under section 14(1) (e) of delhi rent control act, 1958 from the tenanted premises being shop (corner), ground floor in property no.1/20, road no.20, east punjabi bagh, new delhi-110026, more rc.rev.182/2018 page 1 of 3 particularly as shown in red colour in the site plan attached to the eviction petition.3. learned counsel for the petitioners under instructions from petitioners, who are present in court in person, seeks leave to withdraw the petition.4.... 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 respondents on or before 31.03.2021.... petitioners further undertake that they shall continue to pay use and occupation charges at the monthly rate of rs. 5,000/- per month till they vacate the tenanted premises on or before 31.03.2021.5.... petitioners further undertakes 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.... petitioners further undertake that they shall not cause any damage to the property and shall hand over the peaceful vacant possession of the tenanted premises to the respondents in a condition as it is existing today, subject to normal maintenance.7. the undertaking is accepted. learned counsel for the respondents under instructions from the page 2 of 3 8. rc.rev.182/2018 respondents submits that the undertaking is also acceptable to the respondents.9. in view of the above, the petition is dismissed as withdrawn.10. subject to petitioners filing an.....

Full Judgment

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:

06. 12.2019 RC.REV. 182/2018 & CM APPL. 17620/2018 UMESH KUMAR & ANR ........ Petitioner

s versus RAM KAUR ( DECEASED ) THR LRS ........ RESPONDENTS

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

: Mr. M.L.Mahajan with Mr.Gaurav Mahajan and Ms.Meena Mahajan, Advocates. For the Respondent: Mr.G.P.Thareja, Advocate. CORAM:-

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

(ORAL) 1.... Petitioner

s impugn order dated 29.01.2018, whereby the Leave to defend application of the petitioners has been dismissed by the Rent Controller and an eviction order passed.

2.... RESPONDENTS

had filed the subject eviction petition seeking eviction of the petitioners on the ground of bonafide necessity under Section 14(1) (e) of Delhi Rent Control Act, 1958 from the tenanted premises being shop (Corner), Ground Floor in property No.1/20, Road No.20, East Punjabi Bagh, New Delhi-110026, more RC.REV.182/2018 Page 1 of 3 particularly as shown in red colour in the site plan attached to the eviction petition.

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

4.... Petitioner

s who are present in Court in person, undertake that they shall vacate and handover the peaceful vacant possession of the tenanted premises to the respondents on or before 31.03.2021.... Petitioner

s further undertake that they shall continue to pay use and occupation charges at the monthly rate of Rs. 5,000/- per month till they vacate the tenanted premises on or before 31.03.2021.

5.... Petitioner

s further undertakes 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.... Petitioner

s further undertake that they shall not cause any damage to the property and shall hand over the peaceful vacant possession of the tenanted premises to the respondents in a condition as it is existing today, subject to normal maintenance.

7. The undertaking is accepted. Learned counsel for the respondents under instructions from the Page 2 of 3 8. RC.REV.182/2018 respondents submits that the undertaking is also acceptable to the respondents.

9. In view of the above, the petition is dismissed as withdrawn.

10. 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 29.01.2018 shall remain stayed till 31.03.2021.

11. Order Dasti under signatures of the Court Master. DECEMBER06 2019 rk SANJEEV SACHDEVA, J RC.REV.182/2018 Page 3 of 3

Same Court & Year Delhi · 2019 Same Parties Umesh Kumar & Anr vs Ram Kaur ( Deceased ) Thr Lrs Same Subject Land Acquisition