Sohan Lal v. Jagdish Prasad (since deceased and substituted b legal heirs)
2013-04-12
SUDHIR AGARWAL
body2013
DigiLaw.ai
JUDGMENT Sudhir Agarwal, J. 1. This second appeal has arisen from the judgment and decree dated 10.5.1990 passed by Munsif, Bulandshahar in Original Suit No 198 of 1987 restraining the defendant-respondents from dispossessing/ evicting the plaintiffs from disputed premises, namely, Shop No. 126 situate at Bazar Qasba, Jahangirabad, Tehsil Anoopshahar, District Bulandshahar whereagainst Civil Appeal No. 125 of 1990 was preferred by the defendant-respondents and the same was allowed by lower Appellate Court, i.e., 5th Addl. District Judge, Bulandshahar vide judgment and decree dated 14.5.1991 setting aside Trial Court's decree and dismissing plaintiff-appellants' suit. 2. During the pendency of this appeal, defendant-respondents no. 1 and 2 both died and were substituted by their legal heirs. An Compromise Application No. 321031 of 2012 accompanied by an affidavit of Sri Sohan Lal, son of Ram Chandra, plaintiff-appellant was filed stating that the parties have entered into a compromise. The terms of compromise are contained in the affidavit from paras 7 to 16, which read as under: "7. That during the pendency of the appeal parties have entered into compromise, initially also the dispute between the parties was regarding the rate of rent according to the appellant was Rs. 20 p.m. and according to the deferent/respondent was Rs. 300 p.m. 8. That the suit was simpliciter filed by the appellant for injunction and the trial court decreed the suit and the appeal against it has been allowed and aggrieved by it the appellants filed this Second Appeal. 9. That there has been no dispute between the parties that the appellant was the tenant of the shop and the defendant/respondents is the owner/landlord of the shop in dispute. 10. That the primary dispute is regarding the rate of rent of the shop and appellant has agreed to enhance the rent @ Rs. 900 p.m. and the respondents are agreeable to let out @ Rs. 900 p.m. which will be revised after every 8 years by 10%. 11. That during the pendency of the appeal, the appellant were required to deposit rent @ Rs. 300 p.m. which has been deposit by the appellant in tehsil Anupshahar and the landlord/ respondents are entitled to withdraw the said amount. 12.
900 p.m. which will be revised after every 8 years by 10%. 11. That during the pendency of the appeal, the appellant were required to deposit rent @ Rs. 300 p.m. which has been deposit by the appellant in tehsil Anupshahar and the landlord/ respondents are entitled to withdraw the said amount. 12. That there was also direction that the appellant were required to deposit some amount in the form of Fixed Deposit which has been deposited by the appellant and the parties have agreed that the said Fixed Deposit would be returned to the Appellant/ Sohan Lal along with the interest accruing upon it. 13. That the shop is in dilapidated condition and the appellant is ready to demolish and reconstruct and the entire expenditure will be borne by the appellant or his legal heirs? 14. that the parties have further agreed that the appellant may take electric connection in the shop for which appellant will bear all the expenses. 15. That the tenancy which was initially entered into with the appellant will be treated subsisting under this compromise agreement. 16. That both the parties are executing the affidavit in support of the compromise agreement and the only dispute was regarding the rate of rent which has been stand settled therefore the above appeal may be decided in terms of the above compromise." 3. The aforesaid application and affidavit containing the terms of compromise were referred to District Judge, Bulandshahar with the direction to place it before the Court concerned so as to get the compromise verified after summoning the parties to the compromise. The parties appeared before the Court below on 19.3.2013 and have signed the compromise application/ affidavit and the same has been received duly verified through the Addl. District Judge, Court No. 5, Bulandshahar, which contains the original order sheet also, showing the order dated 19.3.2013 verifying the compromise between the parties. 4. In view of above, this appeal stands disposed of in terms of aforesaid compromise and the judgments of Courts below shall stand modified accordingly.