Chattisgarh High Court
Yatish Gandhi vs Santosh Kumar Agrawal on 13 May, 2022
Page 1 of 2
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
FA No. 526 of 2017
Yatish Gandhi, S/o Mahendra Gandhi, Aged About 38 Years, R/o
Darogapara Raigarh, Tehsil & District- Raigarh (C.G.) Place of
business 16 Seth Dayal Ram Complex, Sakti Gudi Chowk, Raigarh,
Tehsil & District- Raigarh (C.G.)
---- Appellant
Versus
Santosh Kumar Agrawal, S/o Late Dayaram Agrawal, Aged About 63
Years, R/o Ganja Chowk, Raigarh, District- Raigarh (C.G.)
---- Respondent
For Appellant : Mr. Shubhank Tiwari, Advocate.
For Respondent : Mr. Sanjay Agrawal, Advocate.
Hon'ble Shri Justice Narendra Kumar Vyas
Order on Board
13.05.2022
1. Mr. Yatish Gandhi (Appellant/Tenant) & Mr. Santosh Kumar
Agrawal (Respondent/Landlord) are present before this Court
through their respective counsel.
2. This First Appeal has been filed by the appellant/defendant
(tenant) under Section 96 of the C.P.C. against the judgment and
decree passed by the learned Third Additional District Judge,
Raigarh, District- Raigarh (C.G.) in Civil Suit No. 105A/2008
(Smt. Shanti Devi Vs. Yatish Gandhi).
3. Learned trial Court after appreciating the evidence, material
placed on record has decreed the suit in favour of the plaintiff
and directed the tenant to vacate the suit premises situated at
Raigarh Mohalla Seth Dayaram Complex, Shop No. 16, Sheet
No. 31, Plot No. 139, 140, Ward No. 16 within two months and
also directed to pay Rs. 15600/- towards arrears of rent. Learned
trial Court further directed for grant of compensation of Rs.
1200/- per month till possession is given by the
tenant/defendant.
4. This Court while admitting the appeal has granted stay on
11.12.2017 with regard to eviction of the suit premises. Learned
counsel for the respondent/landlord would submit that the rent is
not being paid from May, 2019 till today.
5. Learned counsel for the appellant/tenant would submit that an
application has been filed before the concerned court for
depositing the rent, but due to ongoing Covid pandemic, no
order has been passed, therefore the amount could not be
deposited and he is ready to pay the arrears of rent to the
landlord.
6. The landlord and the tenant have agreed to amicably settled
their dispute on the following terms and conditions:-
(i) The tenant will pay the entire arrears of rent to the
landlord through cheque within a period of two months
from today i.e. on or before 12th July, 2022.
(ii) The tenant will vacate the suit property within a period of
one year from today i.e. on or before 12th May, 2023. Till
then, he will pay the monthly rent which was being earlier
paid by him.
7. Be that as it may, considering the understanding between the
landlord and the tenant which is just and proper, the instant first
appeal is disposed of on the terms and conditions mentioned at
paragraph 6 of this order. Rest of the part of the judgment and
decree passed by the learned trial Court shall remain intact.
8. Accordingly, the instant first appeal stands disposed of. No order
as to cost.
9. The settlement arrived at between the parties mentioned at
paragraph 6 of this order will be part of the decree.
10. A decree be drawn up accordingly.
Sd/-
(Narendra Kumar Vyas)
Judge
Arun
