Mohd. Akram & Anr. Vs.safdar Ali & Anr. - Court Judgment

SooperKanoon Citationsooperkanoon.com/1225795
CourtDelhi High Court
Decided OnOct-01-2019
AppellantMohd. Akram & Anr.
RespondentSafdar Ali & Anr.
Excerpt:
$~46 * in the high court of delhi at new delhi % + rc.rev. 584/2019 judgment delivered on:01. 10.2019 mohd akram & anr versus safdar ali & anr ........ petitioners ........ respondents advocates who appeared in this case: for the... petitioner: mr.sanat kumar, sr.advocate with mr.yogesh chandna, advocate. for the respondent: mr.a.maitri and ms.radhika chandrashekhar, advocates. coram:-"hon’ble mr justice sanjeev sachdeva judgment sanjeev sachdeva, j.(oral) cm appl.44371/2019 (exemption) allowed, subject to all just exceptions. cm appl.44373/2019 (condonation of delay) learned counsel for the petitioner submits that the application was filed under a bonafide mistake that the limitation period for filing the revision petition is 90 days. he submits that the rent revisions are covered under article 137 of the limitation act for which the limitation would be three years. rc.rev. 584/2019 page 1 of 3 he seeks leave to withdraw the application. application is dismissed as withdrawn. rc.rev. 584/2019 & cm appl. 44372/2019 1.... petitioners impugn order dated 09.01.2019, whereby, leave to defend application of the petitioners has been dismissed 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 the delhi rent control act, 1958, from shop no.1973, ward no.xi, ground floor, kant wali building, kalan mahal, darya ganj, new delhi-110002, more particularly shown in red colour in the site plan annexed with the eviction petition.3. learned senior counsel for the petitioners, under instructions from the petitioners, seeks leave to withdraw the petition.4. learned senior counsel for the petitioners undertakes on behalf of the petitioners that they shall vacate and handover the peaceful vacant possession of the tenanted premises to the respondents on or before 31.12.2020.... petitioners further undertake that they shall pay rs.3500/- per month as use and occupation charges with effect from 01.10.2019 till the time they hand over the peaceful vacant possession of the tenanted premises to the respondents on or before 31.12.2020. rc.rev. 584/2019 page 2 of 3 5.... petitioners further undertake that the petitioners shall clear all water, electricity and other dues/charges in respect of the tenanted premises before the petitioners vacate the premises.... petitioners further undertake that the petitioners shall not sublet, assign or part with the possession of the tenanted premises or any part thereof.... petitioners further undertake that the petitioners 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 existing today, subject to normal wear and tear.6. 7. the undertaking is accepted. learned counsel for the... respondents submits that the undertaking is acceptable to the respondents.8. 9. the petition is accordingly dismissed as withdrawn. on petitioners filing an affidavit of undertaking, within a period of two weeks in the above terms, execution of the impugned order dated 09.01.2019 shall remain stayed till 31.12.2020.10. order dasti under signatures of the court master. sanjeev sachdeva, j october01 2019 rk rc.rev. 584/2019 page 3 of 3
Judgment:

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + RC.REV. 584/2019 Judgment delivered on:

01. 10.2019 MOHD AKRAM & ANR versus SAFDAR ALI & ANR ........ Petitioner

s ........ RESPONDENTS

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

: Mr.Sanat Kumar, Sr.Advocate with Mr.Yogesh Chandna, Advocate. For the Respondent: Mr.A.Maitri and Ms.Radhika Chandrashekhar, Advocates. CORAM:-

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

(ORAL) CM APPL.44371/2019 (exemption) Allowed, subject to all just exceptions. CM APPL.44373/2019 (condonation of delay) Learned counsel for the petitioner submits that the application was filed under a bonafide mistake that the limitation period for filing the revision petition is 90 days. He submits that the rent revisions are covered under Article 137 of the Limitation Act for which the limitation would be three years. RC.REV. 584/2019 Page 1 of 3 He seeks leave to withdraw the application. Application is dismissed as withdrawn. RC.REV. 584/2019 & CM APPL. 44372/2019 1.... Petitioner

s impugn order dated 09.01.2019, whereby, leave to defend application of the petitioners has been dismissed 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 the Delhi Rent Control Act, 1958, from Shop No.1973, Ward No.XI, Ground Floor, Kant Wali Building, Kalan Mahal, Darya Ganj, New Delhi-110002, more particularly shown in red colour in the site plan annexed with the eviction petition.

3. Learned senior counsel for the petitioners, under instructions from the petitioners, seeks leave to withdraw the petition.

4. Learned senior counsel for the petitioners undertakes on behalf of the petitioners that they shall vacate and handover the peaceful vacant possession of the tenanted premises to the respondents on or before 31.12.2020.... Petitioner

s further undertake that they shall pay Rs.3500/- per month as use and occupation charges with effect from 01.10.2019 till the time they hand over the peaceful vacant possession of the tenanted premises to the respondents on or before 31.12.2020. RC.REV. 584/2019 Page 2 of 3 5.... Petitioner

s further undertake that the petitioners shall clear all water, electricity and other dues/charges in respect of the tenanted premises before the petitioners vacate the premises.... Petitioner

s further undertake that the petitioners shall not sublet, assign or part with the possession of the tenanted premises or any part thereof.... Petitioner

s further undertake that the petitioners 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 existing today, subject to normal wear and tear.

6. 7. The undertaking is accepted. Learned Counsel for the... RESPONDENTS

submits that the undertaking is acceptable to the respondents.

8. 9. The Petition is accordingly dismissed as withdrawn. On petitioners filing an affidavit of undertaking, within a period of two weeks in the above terms, execution of the impugned order dated 09.01.2019 shall remain stayed till 31.12.2020.

10. Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J OCTOBER01 2019 rk RC.REV. 584/2019 Page 3 of 3