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2024 DIGILAW 323 (UTT)

Anil Bhasin v. Ashok Kumar Agarwal

2024-05-09

ALOK KUMAR VERMA

body2024
JUDGMENT : ALOK KUMAR VERMA, J. 1. A SCC Suit (No. 16 of 2017) was filed by the respondent-Ashok Kumar Agarwal against the revisionist-defendant Anil Bhasin. The said suit has been decreed on 09.07.2019, passed by learned Judge, Small Cause Court/Ist Additional District Judge, Haldwani, District Nainital. The revisionist-defendant has challenged the judgment and decree dated 09.07.2019. 2. Heard Mr. M.S. Tyagi, learned Senior Advocate assisted by Mr. Manoj Sah (through video conferencing), learned counsel for the revisionist and Mr. Piyush Garg, learned counsel for the respondent. 3. The parties have filed a Compromise Application (Misc. Compromise Application No. 10635 of 2024) along with their affidavits. 4. Both the parties have settled their disputes on the following terms: “(i) The revisionist shall vacate and handover peaceful possession of the shop under tenancy to the respondent landlord on or before 02.11.2024. (ii) The revisionist shall not sublet the same and shall not allow the same to be occupied by any other person during the said period. The revisionist shall not cause any damage or alteration in the shop in question during the aforesaid period. (iii) The revisionist has claimed to have paid a sum of Rupees 1,00,000/- as premium to the mother of the respondent at the time of initiation of tenancy and has further claimed that he has spent a sum of Rs. 4,00,000/- in the repair and maintenance of the shop. Without admitting the payment of any such amount or any such expenditure being done by the revisionist, the respondent has agreed to pay a sum of Rs.2,00,000/- to the revisionist in lieu of vacating the shop in question and in lieu of any alleged and the above alleged monetary claim of the revisionist. (iv) Out of the aforesaid amount of Rs. Two lakh (2,00,000/-), the respondent shall pay a sum of Rs. 1,00,000/- to the revisionist within one month of the disposal of the present revision and shall pay the balance amount of 1,00,000/- at the time of handing over of the possession of the shop in question by the revisionist to the respondent. The payment shall be made through bank transaction/demand draft only. (v) The revisionist shall pay the entire arrears of rent, adjusting the amount, if any, already paid or deposited by the revisionist. The revisionist shall continue to pay use and occupation charges for the aforesaid period till 02.11.2024 by 7th day of each month. The payment shall be made through bank transaction/demand draft only. (v) The revisionist shall pay the entire arrears of rent, adjusting the amount, if any, already paid or deposited by the revisionist. The revisionist shall continue to pay use and occupation charges for the aforesaid period till 02.11.2024 by 7th day of each month. (vi) Both the parties shall abide by the aforesaid terms and will get the present revision being disposed of in terms of the present compromise.” 5. Both the parties submitted that the compromise application has been filed along with affidavits of the parties with their free will and without any pressure. 6. The Compromise Application is verified. 7. With the consent of both the parties, present Civil Revision (CLR No. 87 of 2019) is decided on the terms of the said compromise. 8. Judgment and decree dated 09.07.2019, passed by learned Trial Court, is modified accordingly. 9. Compromise Application will form part of the decree. 10. Registry to draw the decree.