Resident Of Scf No.3 (Top Floor) vs M/S Himachal Wholesale Syndicate
2021 Latest Caselaw 5701 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

             ON THE 13th DAY OF DECEMBER 2021




                                                             .
                           BEFORE





         HON'BLE MS. JUSTICE JYOTSNA REWAL DUA





               CIVIL REVISION No. 147 OF 2015
         Between:-


         SH. SURAT RAM SHARMA,
         SON OF LATE SH. NIKKU RAM

         RESIDENT OF SCF NO.3 (TOP FLOOR),

         SECTOR-1 PARWANOO, TEHSIL KASAULI,
         DISTRICT SOLAN H.P.

                                                  .....PETITIONER
         (BY SH. B.C. VERMA, ADVOCATE)



         AND
    1.   M/S HIMACHAL WHOLESALE SYNDICATE,
         SCF NO.7, SECTOR-1, THROUGH ITS PARTNER




         SH. VIJAY KUMAR SON OF SH. RAM MURTI.





    2.   SH. VIJAY KUMAR SON OF SH. RAM MURTI,
         PARTNER OF M/S HIMACHAL WHOLESALE
         SYNDICATE, SCF NO.7, SECTOR-1, PARWANOO,





         TEHSIL KASAULI, DISTRICT SOLAN, H.P.

                                              .....RESPONDENTS
         ( BY SH. VIPIN PANDIT, ADVOCATE)

    __________________________________________________

                This petition coming on for hearing this day, the

    Court passed the following:-




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                                    2



                                ORDER

The matter was taken up for hearing today with the

.

consent of learned counsel for the parties.

2. CMP No.14849/2021 has been jointly moved by the

parties under Order 23, Rule 1 read with Section 151 of the Code of

Civil Procedure with the prayer that the compromise between the

parties as recorded in the application be accepted and the main

revision petition be disposed of in terms of the said compromise. The

application reads as under:-

"1. That the present petitioner has filed the present petition against the order as passed by the learned Appellate Authority, Solan, dated 01.05.2015, whereby the appeals filed

by the present applicant as well as non-applicant was ordered to be dismissed and the order of the Rent Controller, dated 01.10.2013, was affirmed.

2. That the brief facts of the case are that the wife of the

present applicant late Smt. Shakuntla Sharma filed a petition under Section 14 of the H.P. Urban Rent Control Act, against the respondents for eviction qua suit property. The petition

was filed on the ground of arrears of rent and premises required bonafidely by the petitioner for her use and for the settlement of her family. That the Ld, Trial Court held the non- applicant to be arrears of rent, however, with respect to the bonafide requirement of the present applicant, the said issue was decided against the landlord. The eviction petition was partly allowed with respect to the arrears of rent and with respect to the remaining relief the eviction proceedings was ordered to be dismissed. That feeling dissatisfied both the

applicant and non-applicant preferred an appeal before the Ld. Appellate Authority-I, Solan, and the Ld. Authority was pleased to dismiss the appeals filed by both the parties on

.

01.05.2015.

3. That feeling dissatisfied the landlord/applicant has preferred the present revision DEC 2021 to Registar petition

before this Hon'ble Court. That during the pendency of the present petition, the parties have entered into settlement in the following manner:

(a) That the landlord/applicant has agreed that with respect to August, 2019 onwards, no arrears of rent of any kind shall be claimed by the landlord from the tenant. That the landlord undertakes that whatever amount of rent he has received

from the tenant that shall be the final rent towards the suit

premises. The tenant shall not be liable to pay any kind of rent to the landlord with respect from August, 2019 onwards. The landlord has received upto date rent upto the month of

August, 2019 and there is no short fall of same. The last tender of rent has been made by tenant to the landlord

through managers cheque no. 002925 dated 21.08.2019 to the tune of Rs. 7,15,000/- (Rupees Seven Lakh fifteen

thousand only) drawn on HDFC Bank branch Parwanoo, District Solan H.P. The landlord has agreed that he will not

claim any other amount in future from the tenant and any amount deposited or tender by tenant in any court/ authority in pursuance of any order/judgment after the tender of amount of Rs. 7,15,000/- (Rupees Seven Lakh fifteen thousand only) detailed as above, the tenant will have right to get the same credited to his account by filing appropriate application before the concerned authority/court. The landlord further undertakes that he will not claim any right, title upon amount deposited by tenant, if so deposited or tendered in any court of law.

(b) That it is agreed between the parties that in case tenant has deposited any rent before any authority which is lying deposited in the said Court, the tenant shall be held entitled

.

for getting back the said amount and the landlord shall not have any claim with respect to that rent. The arrears of

(c) That the tenant has agreed that he shall vacate the premises and shall handover the possession to the landlord, within a period of 15 days from today i.e. 10th December, 2021. The tenant undertakes that he shall handover

possession to the landlord on or before 25th December, 2021 by handing over the keys of the premises to the applicant/his counsel before this Hon'ble Court.

(d) That it is agreed between the parties that in case of any

breach by either of the parties the other side shall be entitled to approach this Hon'ble Court for initiating appropriate action under the Contempt of Court Act for willful breach.

4. That since the landlord and tenant has amicably settled the matter, therefore, in view of the above settlement the present

petition can be disposed of as having been compromised between the parties.

Any other suitable relief as deemed fit under the facts and circumstance of the case may kindly be granted to both the parties.

               S/d                                  S/d
         Applicant/Respondent                 Applicant/Petitioner
         Through counsel                      Through counsel

              S/d                            S/d
        Vipin Pandit    (Romesh Verma & Bhagwati Chander Verma)
         Advocate                            Advocates

     Dated: 09.12.-21                        09.12.2021"

3. The aforesaid application has been duly signed by both

the parties as well their respective learned counsel. The application

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is duly supported with the affidavits of Sh. Surat Ram Sharma and

Sh. Vijay Kumar.

4. The parties have amicably settled the dispute involved

in present lis in terms of the above extracted compromise. The

compromise is accepted. This petition is accordingly disposed of in

terms of the compromise as extracted hereinabove. The same shall

form part of this order. Parties are directed to adhere and abide by

all the terms and conditions of the aforesaid compromise. Pending

miscellaneous application(s), if any, shall also stand disposed of.

Jyotsna Rewal Dua Judge

December 13, 2021 (rohit)