Jeevan Khanna vs Sh. Khem Chand Through His Lrs Arun Kumar ... on 9 January, 2023

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Himachal Pradesh High Court

Jeevan Khanna vs Sh. Khem Chand Through His Lrs Arun Kumar ... on 9 January, 2023

Bench: Sandeep Sharma

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Civil Revision No. 29 of 2021 Date of decision: 9 th January, 2023 .

             Jeevan Khanna                                              .....Petitioner.
                                               Versus

Sh. Khem Chand through his LRs Arun Kumar & ors.

.....Respondents.

Coram The Hon'ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the petitioner : Mr. R.K. Bawa, Senior Advocate with Mr. Ajay Kumar Sharma, Advocate.

For the respondents : Mr. R.L. Sood, Senior Advocate with Mr. Arjun Lall, Advocate.

Sandeep Sharma, Judge (oral).

CMP No. 488 of 2023

By way of present application, permission has been sought by the parties to compromise the matter, in view of the compromise, Annexure-X, placed on record alongwith application.

2. Careful perusal of the averments made in the application, which is duly supported by affidavits of both the parties, reveal that during the pendency of the civil revision No. 29 of 2021, having been filed by the petitioner/tenant, Jeevan Khanna, both the parties have settled the dispute amicably, whereby the petitioner agreed to handover the possession of the shop bearing No. 139, Lower Bazar, Shimla, to the respondents/landlords during the course of the day i.e. 9.1.2023. Besides above, petitioner/tenant has also agreed to handover two cheques bearing Nos. 816975, 816976 dated 09.01.2023 and dated 10.03.2023, drawn on the ICICI Bank, The Mall, Shimla, amounting to Rs. 30,00,000/-

Whether reporters of Local Papers may be allowed to see the judgment? Yes.

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and Rs. 10,00,000/-, total amounting to Rs.40,00,000/-, as detailed in para-3, of the application.

3. Learned Senior Counsel representing the parties under .

instructions of their respective clients state that since parties have compromised the matter inter se, them as contained in terms and conditions of the compromise placed on record, as Annexure-X, annexed with the application, this Court may permit them to compromise, Civil Revision No.29 of 2021, having been filed by the applicant/petitioner/tenant.

4. Cheques as detailed hereinabove as well as key of the shop have been handed over to respondents-landlords Shri Arun Kumr and Shri Varinder Kumar, in the open court. Both the parties, who are present in the Court state that they their own volition and without there being any external pressure have entered into the compromise, which is placed on record, as Annexure-X. They state that as per agreed compromise, vacant possession of the shop in question alongwith two cheques, amounting to Rs. 40,00,000/-, have been handed over to the respondents/landlords and as of today, both the parties have no claim of any kind against each other. They further undertake that in case they fail to abide by the terms and conditions of compromise, Annexure-X, they would render themselves liable for penal consequences as well as contempt of Court.

The aforesaid undertakings given by the parties are accepted and taken on record.

5. Having perused the averments made in the application as well as compromise place on record, coupled with the statements of both the parties, this Court finds no impediment in accepting the prayer made in the application and accordingly, the same is allowed and parties to lis are ::: Downloaded on - 10/01/2023 20:33:38 :::CIS 3 permitted to compromise Civil Revision No.29 of 2021, in terms and conditions as contained in the compromise, Annexure-X. The application stands disposed of.

Civil Revision No. 29 of 2021

6. By way of instant civil revision, filed under Section 24(5) of the H.P. Urban Rent Control Act, challenge has been laid to order dated 20.7.2021, passed by the learned Rent Controller, Court No.1, Shimla, District Shimla, in Case No.338-10 of 19/11, whereby the objections preferred by the petitioner/Judgment Debtor No.1 in Execution Petition No.338-10 of 19/11, seeking the enforcement of eviction order dated 17.1.2009, passed by the learned Rent Controller-IV, Shimla, District Shimla, in Rent Petition No.23/2 of 1999/98, came to be dismissed.

7. Though, pursuant to notices issued in the instant proceedings, respondents/landlords have put in appearance, but before the case at hand could be heard on its own merits, parties have entered into compromise as has been taken note by this Court while disposing of application bearing No.CMP No.488 of 2023, under Order 23 Rule 3 read with section 151 CPC, seeking therein permission to compromise the matter. Since, the prayer made in the application has already been allowed in the earlier part of the judgment, nothing remains to be adjudicated in the instant proceedings.

8. Consequently, in view of the above, the present civil revision petition is disposed of, as compromised, in terms of terms and conditions contained in compromise, Annexure-X.

9. All pending application(s), if any, also stands disposed of.

Interim order, if any, also stands vacated.

(Sandeep Sharma) Judge 9th January, 2023 (CS) ::: Downloaded on - 10/01/2023 20:33:38 :::CIS

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