Kaushal Bhardwaj vs Sharmila

Jyotsna Rewal Dua, J

Parties have attended the hearing in person today.

CMP No.16053 of 2023 has been jointly instituted by the parties under Order 23 Rule 3 read with Section 151 of the Code of Civil Procedure for disposal of the petition in terms of the compromise executed between the parties. The application is with the averments that the parties have entered into amicable settlement, which has been reduced into writing. The compromise deed executed between the parties has been appended with the application. It will be appropriate to extract the contents of the application:-

“1. That the above titled revision petition is pending adjudication before this Hon’ble Court.

That during the pendency of the petition, parties have entered into an amicable settlement which has been reduced into writing. The Compromise Deed executed between the parties is attached herewith. As per the Compromise, the petitioner/tenant/Applicant has agreed to hand over vacant and peaceful possession of the tenanted premises consisting of two room set in his occupation in Jyoti Kunj, Khalini, Shimla-2, to the respondent/Applicant on or before 30. 09.2024. In return, the respondent/applicant has agreed to give up her entire past, present and future claim of arrears of rent. The arrears of rent deposited with the Ld. Rent Controller have been mutually agreed to be returned to/withdrawn by the petitioner/tenant/applicant and the respondent/applicant shall have no objection to the same. It has further been agreed between the parties that in case the petitioner/applicant fails to abide by his undertaking to vacate the tenanted premises in his occupation, on or before 30. 09.2024, he shall be liable to face contempt proceedings. It has been agreed upon that the petitioner/tenant/applicant and his legal heirs shall remain bound by the compromise/under-taking. Neither the petitioner/tenant nor his legal heirs shall claim any right, title or interest over the tenanted premises after 30.09.2024 in any manner.

That in view of the aforesaid compromise between the parties, it is expedient in the interest of justice that the Civil Revision preferred by petitioner/tenant/applicant be ordered to be disposed off in terms of the compromise deed.

It is therefore, respectfully prayed that this application may kindly be allowed and the Civil Revision preferred by petitioner/tenant/applicant may kindly be ordered to be disposed off in terms of the compromise deed (Annexure A-1) in the interest of fairplay and justice.

Sd/-

Petitioner/Applicant

Through Counsel

Sd/-

Place Shimla Peeyush Verma Advocate

Dated 30.10.2023

Sd/-

Respondent/Applicant

Through Counsel

Sd/-

P.D. Nanda Advocate”

In terms of the compromise executed between the parties, the petitioner has undertaken to vacate the tenanted premises in occupation by 30.09.2024 and the respondent has agreed to give up her claim of arrears of rent. It has also been agreed upon by the parties that their legal heirs shall remain bound by the compromise/ undertaking. Neither, the petitioner/tenant nor his legal heirs shall claim any right, title or interest over the tenanted premises after 30.09.2024.

The compromise executed between the parties is bonafide and accepted.

In view of the amicable settlement of the dispute between the parties in terms of the compromise deed (Annexure A-1) appended with the application, this petition is disposed of as per the prayer clause in the application (CMP No.16053 of 2023). The compromise deed (Annexure A-1) shall form part of this order. It is directed that the parties shall adhere to the terms & conditions of the compromise deed as undertaken by them. Failure to do so shall make them liable to action under the Contempt of Courts Act. Pending miscellaneous application(s), if any, also stand disposed of.