CM(M)/895/2005 of ANIL KUMAR GUPTA Vs BINA DEVI GOLYAN & ANR on 18 December 2006

-.

% 18.12.2006

Present: Mr.R.K.Singh, Advocate for the Petitioner with petftioner in person. Mr.C.P.Wig, Mr.Rajinder Mathur & Ms.Lakshfta Sethi, Advocates for the Respondent. with petftioner in person. Mr.C.P.Wig, Mr.Rajinder Mathur & Ms.Lakshfta Sethi, Advocates for the Respondent.

+ CM (M) 895/2005

* The parties have setted their disputes in terms whereof the petitioner/occupant of the tenanted premises does not want to prosecute the petition. Learned couns& for the petitioner, on instructions from the petitioner, states that the petitioner seeks to withdraw the petition but time may be granted tiD 301h ApriL 2007 to hand over the vacant and peacefu' possession of the tenanted premises. fr,

I. prosecute the petition. Learned couns& for the petitioner, on fr, The petitioner undertakes to the Court to hand over vacant and peacefu' possession of the tenanted premises on or before 30th ApriL 2007, not to sub-let or part with possession and to pay the rent/damages at the rate of the last paid rent month by th month in advance of 7 of each month apart from &ectricity and water charges. The undertaking given by the petitioner is accepted and the formal undertaking be fied within 10 days with advance copy to 'earned counsel for the respondent.

List before the Registrar for verification of undertaking on 101h January, 2007.

In view of the petitioner having agreed to withdraw the I

present petition and to hand over vacant and peaceful possession 301h on or before April, 2007 the respondent does not press the claim for damages in separate suits filed by the respondent. There would also be no occasion to prosecute the petition filed by the respondent under Section 14(1)(e) of the Delhi Rent Control Act, 1958. This statement would naturally have effect the moment the possession is handed over by the petitioner to the respondent.

The petition is accordingly dismissed as withdrawn.

December 18, 2006 JK

SANJAY KISHAN KAUL, J.

--

C,