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2018 DIGILAW 293 (HP)

Hot Millions v. Vinod Kumar

2018-03-09

SANJAY KAROL

body2018
JUDGMENT Sanjay Karol, A.C.J —Petitioner Aman Bir Singh, respondent No.2 (Suresh Kumar) and respondent No.3 (Naresh Kumar) are present in Court. Both Suresh Kumar and Naresh Kumar state that they have been authorized by their brother Vinod Kumar to enter into a compromise. 2. Further their sisters Smt. Chanchal, Smt. Anita, Smt. Babita and Smt. Renu have already executed the deeds of relinquishment in favour of the brothers and as such they have no right whatsoever in the premises. 3. Sh.Aman Bir Singh, Suresh Kumar and Naresh Kumar have entered into a compromise, which is duly recorded by the learned Mediator in his proceedings dated 20.11.2017. Parties present in Court duly authorized, reiterate the same and pray that the petition be disposed of incorporating the terms of the compromise dated 20.11.2017, which read as under:- "1. That the petitioner concern is acknowledged, admitted and accepted to be continuing as a lessee/tenant in the premises-in-question. However, from 1.4.2016 onwards instead of previous rate of rent, the petitioner will be liable to pay rent at the rate of Rs.42, 000/- per month (inclusive of all taxes) . 2. That the past arrears upto 31.03.2016 will be worked out and mutually settled between the parties before the next date and such arrears upto 31.3.2016 and also the arrears of rent from 1.4.2016 to 31.12.2017 shall be paid to the respondents by the petitioner. 3. These agreed terms of lease will be binding on all the parties in all respect upto 31.03.2022 and the petitioner shall continue to occupy the premises as tenant/lessee; 4. It is also mutually agreed between the parties that the revision of rent of Rs.42, 000/- will fall due in the first insance from 1st January, 2018 and shall be enhanced after every two years. Thereafter, at the rate of five percent. The rent will be paid by the petitioner on or before 7th day of each concerned month in advance; 5. That all the past arrears upto 31.3.2016 and the rent from 1.4.2016 till 31.12.2017 will be paid to the respondents by the petitioner through an appropriate bank instrument by 21st December, 2017 or any other mutually acceptable date; 6. That the name in whose favour the bank instruments are to be prepared, will be communicated to the petitioner, through its learned counsel, by Sh.Neeraj Gupta, learned counsel for the respondents; 7. That the name in whose favour the bank instruments are to be prepared, will be communicated to the petitioner, through its learned counsel, by Sh.Neeraj Gupta, learned counsel for the respondents; 7. That the premises under occupation/lease/tenancy of the petitioner will be maintained and kept in fine repair and inhabitable condition without causing any damage whatsoever of any kind to the rest of the building and fixtures attached or appurtenant to the premises; 8. That so long as the petitioner continuous to abide by the aforesaid terms; at the option of the petitioner, tenancy/lease shall further be extended beyond 31.3.2022 on terms to be mutually settled." 4. Parties undertake to abide by the same. Undertaking is taken on record. They have also been made aware of the consequences of breach of the compromise. Payments by way of cheques have been handed over to the petitioner by respondents No.1 to 3. Ejectment proceedings filed in the Court of Civil Judge (Senior Division) , Kasauli, District Solan, H.P., in Civil Suit No.141/1 of 2013, titled as Vinod Kumar & others vs. M/s Hot Million and another, shall be deemed to have been withdrawn by the respondents. Ordered accordingly. In view of the above, present petition stands disposed of as compromised. Pending application(s) , if any, also stand disposed of.