Shri Kailash Chand Son Of vs Late Shri Durga Singh
2021 Latest Caselaw 5002 HP

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                    ON THE 20th DAY OF OCTOBER, 2021
                                  BEFORE
                HON'BLE MR. JUSTICE VIVEK SINGH THAKUR




                                                              .

                REGULAR SECOND APPEAL No. 107 of 2021
BETWEEN:-





     SHRI KAILASH CHAND SON OF
     SHRI SOHAN, RESIDENT OF
     VILLAGE SAYANHWAN, P.O.
     KUNIHAR, TEHSIL ARKI,
     DISTRICT SOLAN, H.P.                                         ....APPELLANT



     AND

     SHRI RAJENDER KUMAR SON OF

     (BY SH. ANIRUDH SHARMA, ADVOCATE)

     LATE SHRI DURGA SINGH,
     RESIDENT OF VILLAGE NAMOL,
     P.O. KUNIHAR, TEHSIL ARKI,
     DISTRICT SOLAN, H.P.
                                                               ....RESPONDENT



     Whether approved for reporting?

              This appeal coming on for orders this day, the Court passed the




following:





                            JUDGEMENT

Present appeal has been preferred against the judgment and

decree dated 22.8.2019 passed by Civil Judge, Arki in Civil Suit No. 199/1

of 2014, affirmed by learned Additional District Judge-II, Solan, H.P. in

Civil Appeal No. 12-AK/13 of 2019, dated 31.3.2021.

2. Today parties are present in person. They have entered into

compromise. Their statements have been recorded on oath separately.

3. In his statement, appellant Kailash Chand has stated that he is

in occupation of premises in question and he does not want to contest the

appeal on merits as he is ready to handover vacant possession of the suit

premises to respondent on or before 31.12.2021 and also to pay arrears of

rent to the respondent on or before the said date and that he has

deposited rent up to May, 2019 in the trial Court in Execution Petition filed

by respondent and rent due for the period thereafter shall be paid by him

on 31.12.2021. He has further stated that he is deposing in this Court out

.

of his free will, consent and also without any external pressure, coercion

or threat of any kind.

4. In his statement, respondent Rajinder Kumar has stated that

he is ready to give time to the appellant to vacate the premises and to pay

arrears of rent by 31.12.2021, subject to condition that in case appellant

fails to abide by undertaking given by him, he shall be liable for contempt

of Court also, apart from other legal consequences, including filing or

reviving the Execution Petition against appellant. He has further stated

that he is deposing in this Court out of his free will, consent and also

without any external pressure, coercion or threat of any kind.

5. In view of above the appeal is disposed of as compromised

and impugned judgment and decree is affirmed with modification in terms

of compromise entered between the parties and appellant/defendant is

directed to vacate the premises in question on or before 31.12.2021 by

handing over the vacant possession thereof to respondent/plaintiff

Rajinder Kumar and also to pay arrears of rent till 31.12.2021 by

31.12.2021 with rider that failure in complying the direction,

defendant/appellant, apart from legal consequences including revival/filing

of execution petition, shall also be liable for contempt of Court.

Modified decree be prepared accordingly.

                                                     (Vivek Singh Thakur),
     th
20 October, 2021                                            Judge.
          (Keshav)