Bishan Swaroop Gupta vs. Rajeev Sharma & Anr

Held

The Court accepted the petitioner's request to withdraw the revision petition. The petitioner provided an undertaking to vacate the tenanted premises by January 31, 2023, and to pay specified amounts as use and occupation charges from February 1, 2020, until vacation. The petitioner also undertook to pay applicable GST, clear all outstanding utility bills, not sublet the premises, and maintain the property's condition. The Court accepted this undertaking and stated that the execution of the impugned eviction order dated July 29, 2019, would remain stayed until January 31, 2023, subject to the petitioner filing an affidavit of undertaking within two weeks. The petition was accordingly dismissed as withdrawn.

Facts

The petitioner, Bishan Swaroop Gupta, filed a revision petition challenging an order dated July 29, 2019, by which his leave to defend application was dismissed, and an eviction order was passed. The eviction petition was filed by the respondents under Section 14(1)(e) of the Delhi Rent Control Act, 1958, seeking possession of a shop and two tin sheds at property No. 72/6, Main Bazar, Yusuf Sarai, New Delhi. The petitioner, under instructions, sought to withdraw the petition. He undertook to vacate the premises by January 31, 2023, and pay use and occupation charges of ₹75,000 per month from February 1, 2020, to July 31, 2021, and ₹1,00,000 per month thereafter until vacation. He also undertook to pay applicable GST, clear all utility dues, not sublet, and maintain the property's condition.

Key Issues

1. Whether the petitioner is entitled to withdraw the revision petition. Petitioner's Argument: The petitioner, through his counsel, sought to withdraw the revision petition. Revenue/State's Argument: Not recorded. The respondent accepted the petitioner's undertaking.