Extracted from the PDF above. The PDF is authoritative.
1 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Civil Revision No.93 of 2024 Decided on: 30.04.2025 Sunil Sharma
….Petitioner Versus Gagan Dogra & Others ….Respondents ________________________________________________________________
Coram: Hon’ble Mr. Justice Vivek Singh Thakur, Judge Whether approved for reporting? For the petitioner : Mr. Vivek Sharma, Advocate.
For the respondents : Mr. G.C. Gupta, Sr. Advocate with Ms. Meera Devi, Advocate. Vivek Singh Thakur, Judge. De-linked from Civil Revision No.78 of 2023.
2. Present petition has been preferred by the petitioner against
judgment dated 24.05.2024, passed by learned Appellate Authority(I), Shimla, District Shimla, H.P., in Rent Appeal No.3-S/13(b) of 2024, tilted as Sunil Sharma versus Gagan Dogra & Others, whereby, eviction order dated 18.01.2024, passed by learned Rent Controller-II, Shimla, District Shimla, H.P., in case RBT No.215-2 of 2019, tiled as Gagan Dogra & Others versus Sunil Sharma, has been affirmed by the learned Appellate Authority.
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3. During pendency of the petition, matter has been amicably settled between the parties. With respect to the settlement, statement of petitioner Sunil Sharma has been recorded on oath, which reads as under:-
“I have filed petition against the eviction order dated 18.01.2024 passed against me by learned Rent Controller, Court No.2, Shimla, District Shimla, and affirmed by the Appellate Authority (II), Shimla, vide judgment dated
24.05.2024. During pendency of present petition, respondents have agreed to waive off use and occupation charges in case I am ready to vacate the premises in reference on or before
31.05.2025. I have accepted the said offer and I undertake to vacate the premises on or before 31.05.2025 with waiver of payment of use and occupation charges by the respondent-landlord. I have entered into the compromise and made aforesaid statement out of my free consent and will and without any threat or coercion or external pressure of any kind.”
4. In view of above, present petition is disposed of in terms of aforesaid compromise with direction to the petitioner to vacate the premises on or before 31.05.2025 and to the respondents to waive off use and occupation charges till 31.05.2025, with the observation that for failure in complying with the undertaking
3 apart from civil and criminal liability, petitioner shall also be liable to face contempt proceedings.
5. Petition is disposed of in aforesaid terms. Pending application(s), if any, shall also stand disposed of.
(Vivek Singh Thakur) April 30, 2025
Judge (Yashwant)