Prakash Chand Sharma (deceased) through LRs. v. D. P. Sood
2018-05-26
SANJAY KAROL
body2018
DigiLaw.ai
JUDGMENT : Sanjay Karol, J. Parties/their authorized representatives are present before the Court. 2. All disputes pending inter se the parties, for more than 12 years, stands settled with the sole intervention of learned Mediator, Mr. G.D. Verma, Senior Advocate. 3. The landlord filed petition for ejectment under the provisions of H.P. Urban Rent Control Act, 1987, sometime in the year 2006. During the course of pendency of such petition, one such application filed by the landlord was rejected with the passing of impugned order dated 24.7.2017, passed by Rent Controller, Shimla, District Shimla, H.P., in C.M.A. No.124-6 of 2015, titled as D.P. Sood vs. Prakash Chand and anr., which resulted into the filing of the instant petitions being CMPMO No.359/2017, titled as Biasa Devi and another vs. D. P. Sood and another and CMPMO No.118 of 2017, titled as Nisha Devi vs. D.P. Sood and others. 4. During the course of hearing, this Court was informed that there is yet 3rd petition (Rent Petition No.35-2 of 2006, titled as D.P. Sood vs. Kamlesh Lakhanpal (deceased) through LRs. pending before Rent Controller, Shimla, H.P.) filed by the landlord against another tenant and as jointly prayed for, record thereof, was also called by this Court and all the three matters were referred for mediation. 5. It is heartening to note that with the intervention of the learned counsel for the parties as also Mr. G.D. Verma, learned Senior Advocate, who was requested by the Court to mediate, all disputes stand settled by the parties in terms of the following proceedings recorded by learned Mediator as also the compromise applications filed during the course of the day. Efforts put in by the learned counsel as well as by the learned Mediator are highly appreciable. “This case was referred to for amicable settlement of dispute alongwith the connected matters by the Hon’ble Court vide order dated 15.12.2017. Mediation proceedings have taken place on different dates with the help of learned counsel for the parties and the parties. On 7.5.2018, learned counsel for the parties stated that amicable settlement has been arrived at between the parties and on their request this case was adjourned for today. Today, learned counsel for the parties have stated amicable settlement has been arrived at and that the written compromises, as requested on last date of hearing will be filed in the Registry of Hon’ble Court today itself.
Today, learned counsel for the parties have stated amicable settlement has been arrived at and that the written compromises, as requested on last date of hearing will be filed in the Registry of Hon’ble Court today itself. At this stage, learned counsel for the parties have stated that some of the parties have come from out of station, therefore, it may be ensured that cases are positively listed before the Hon’ble Court on 26.5.2018. Also they have requested that they be allowed to file written compromise before the Hon’ble Court on 26.5.2018. Request is allowed. Let this case be listed before Hon’ble the Acting Chief Justice on 26.5.2018. Learned counsel for the parties have been requested that they shall ensure that the parties also put in appearance before the Hon’ble Court on 26.5.2018 positively.” 6. As per contents of the applications, the stand of the parties, so recorded by the learned Mediator, stands reiterated. The landlord has agreed to transfer his interest in the demised premises to each one of the tenants who have agreed to pay consideration to the landlord. 7. In the case of tenant Kamlesh Lakhan Pal (deceased) through LRs., cheque Nos.770197, 770198 and 770196 amounting to Rs.10,00,000/-, Rs.9,75,000/- and Rs.5,00,000/- (Total Rs.24,75,000/-) respectively stands handed over to the landlord. In the case of tenant Prakash Chand Sharma (deceased) through LRs., cheque Nos.579414, 579413, 000005 and 000003 amounting to Rs.4,60,000/-, Rs.4,00,000/- Rs.4,50,000/- and Rs.4,00,000/- (total Rs.17,10,000/-) respectively stands handed over to the landlord. And in the case of tenant Sanjeev Kumar, Demand Draft No.737983 amounting to Rs.1,00,000/- and cheque Nos.436001 & 389201 amounting to Rs.57,500 & Rs.1,57,500/- (Total Rs.3,15,000/-) respectively stands handed over to the landlord. The compromise deed also stands annexed alongwith the applications. 8. The landlord undertakes to execute all documents, if required, in terms of the compromise. Photostat copies of the cheques and demand draft are annexed with the deed of compromise. 9. Parties through their learned counsel reiterate their statements made before the learned Mediator as also the terms of the compromise and the contents of the applications. They undertake to abide by the same. Also, learned counsel for the landlord prays that all the rent petitions so filed before the Rent Controller be disposed of in terms of the compromise. 10. In my considered view the compromise is in accordance with law. There is no legal impediment in the same.
They undertake to abide by the same. Also, learned counsel for the landlord prays that all the rent petitions so filed before the Rent Controller be disposed of in terms of the compromise. 10. In my considered view the compromise is in accordance with law. There is no legal impediment in the same. It is also in the interest of the parties and justice. 11. Accordingly, Rent Petition No.36-2 of 2006, titled as D.P. Sood vs. Parkash Chand Sharma and another, pending before Rent Controller, Shimla, H.P., Rent Petition No.34-2 of 2006, titled as. D.P. Sood vs. Sanjeev Kumar, pending before Rent Controller, Shimla, H.P. and Rent Petition No.35-2 of 2006, titled as D.P. Sood vs. Kamlesh Lakhanpal (deceased) through LRs. pending before Rent Controller, Shimla, H.P., shall be deemed to have been disposed of in terms of the compromise. 12. As such the present petition stands disposed of, as per the terms and conditions of the settlement/compromise, so contained in the report of the learned Mediator as also in the compromise applications. Terms of the compromise so contained in the applications shall form part of the order. With the aforesaid observations, present petitions stand disposed of, so also, pending application (s), if any.