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2018 DIGILAW 45 (HP)

Vishal Mohan v. Rajeev Sood Others

2018-01-04

DHARAM CHAND CHAUDHARY

body2018
JUDGMENT Dharam Chand Chaudhary, J —Petitioners herein are landlords. The demised premises is shop No. 10, The Mall Shimla. The respondents are in possession thereof in the capacity of tenants on payment of ''500/- as monthly rent. The eviction of the respondents from the demised premises has been sought by filing a petition under the provision of H.P. Urban Rent Control Act on the grounds that they are in arrears of rent, change of the user thereof and also that the same is bonafidely required by the petitioners-landlords for their own use and occupation. 2. The rent petition is pending disposal before learned Rent Controller (2) , Shimla. This petition has been preferred against the order dated 4.1.2016 passed in an application under Section 151 CPC read with Section 2(j) of the H.P. Urban Rent Control Act. The same presently is at the stage of admission/hearing. 3. On the joint request made by the parties the dispute was referred for mediated settlement. The parties have now settled the dispute amicably. They have entered upon a compromise and reduced the terms and conditions thereof into writing. The deed of compromise form part of an application filed under Order 22 Rule 3 read with Section 151 of the Code of Civil Procedure in the Court. The same be registered and taken on record. 4. In a nut shell, it is now mutually agreed that the respondents-tenants will remain in possession of the demised premises subject to the condition that they shall enter upon a franchise/minimum guarantee agreement with any National or multi-national Company on or before 31st March, 2018. In the event of any such franchise/minimum guarantee agreement executed, they shall pay 1/3rd of the amount received from such National or multi-national Company by way of rent to the petitioners-landlords No. 3 and 4 namely, Smt. Ranu Bazwaria and Smt. Ritu Mohan proportionately. Additionally they shall also continue to pay the rent @ ''500/- per month to both of them. The compromise deed, which is marked as Ext.C1, shall form part of the record of this judgment. 5. In view of the compromise so arrived at this petition and also the rent petition registered as case No. 207-II of 2015/10 both shall stand disposed of. The parties on both sides shall abide by the terms and conditions on which the compromise is arrived at, failing which the consequences shall follow. 6. 5. In view of the compromise so arrived at this petition and also the rent petition registered as case No. 207-II of 2015/10 both shall stand disposed of. The parties on both sides shall abide by the terms and conditions on which the compromise is arrived at, failing which the consequences shall follow. 6. The petition stands disposed of accordingly in terms of the compromise Ext.C1. Pending application(s) , if any, shall also stand disposed of. The record be sent back forthwith.