Summary of Opinion: RC.REV. 661/2019

Factual and Procedural Background

The petitioner challenged an order dated 05.07.2019 by which an eviction petition filed by the respondent was allowed after trial. The respondent's eviction petition had been brought under Section 14(1)(e) of the Delhi Rent Control Act, 1958, on the ground of bona fide necessity in respect of the entire ground floor (one room, open courtyard, bathroom, kitchen and latrine) of property No. 4751, Gali Razia Begum, Hauz Qazi, Delhi-110006 (excluding the staircase), as shown in the site plan annexed to the eviction petition.

On 14.02.2020, Mr. Rajat Aneja, Advocate, entered an appearance for the respondent. With the consent of the parties the petition was taken up that day and the previously fixed date of 04.05.2020 was cancelled. The petitioner sought leave to withdraw the petition and, appearing in person, gave several undertakings concerning vacating the premises, payment of occupation charges, clearing utility dues, and maintenance of the property condition.

Legal Issues Presented

The opinion addresses a procedural matter and does not frame distinct legal issues.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The court's disposition proceeded on the parties' consensual positions and the petitioner's formal undertakings rather than on an extended legal analysis. The court:

1. Allowed the application (CM Appl. 6056/2020) and, with the parties' consent, took up the petition for hearing on that day.
2. Noted that the petitioner, through counsel and in person, sought leave to withdraw the petition and gave specific undertakings about vacating and maintaining the premises, payment of use and occupation charges, clearing utility dues, and refraining from subletting or causing damage.
3. Accepted the petitioner's undertaking and recorded that the respondent found the undertaking acceptable.
4. Dismissed the petition as withdrawn on that basis, and conditioned a stay of execution of the impugned order dated 05.07.2019 on the petitioner filing an affidavit of undertaking within three weeks in the terms recorded by the court.

Holding and Implications

The petition is dismissed as withdrawn.

Consequent and specific operative effects recorded by the court:

• Execution of the impugned order dated 05.07.2019 is stayed until 31.03.2021, subject to the petitioner filing an affidavit of undertaking within three weeks in the terms accepted by the court.
• The petitioner's recorded undertakings (accepted by the court and agreed by the respondent) include:
  • To vacate and hand over peaceful vacant possession of the tenanted premises on or before 31.03.2021.
  • To pay Rs. 5,000 per month as use and occupation charges w.e.f. 01.02.2020 until handing over possession.
  • To clear all water, electricity and other dues/charges before vacating on or before 31.03.2021.
  • Not to sublet, assign or part with possession of the premises.
  • Not to cause any damage and to hand over the premises in their existing condition subject to normal wear and tear.

No broader legal implications or new precedent were articulated in the opinion; the decision's effect is limited to the disposition of this petition and the conditional stay of execution described above.

Order Dasti under signatures of the Court Master.