Extracted from the PDF above. The PDF is authoritative.
1 ( 2025:HHC:9858 ) IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Civil Revision No.109 of 2007 Date of Decision: April 8, 2025 Shiv Kumar & others
….Petitioners. Versus Piare Lal (deceased) through LRs ..Respondents.
Coram: The Hon’ble Mr. Justice Vivek Singh Thakur, Judge. Whether approved for reporting?1 For the Petitioner: Mr.Ramakant Sharma, Advocate. Petitioner Shiv Kumar, is present in person. For the Respondent: Mr.Mahender Singh Kanwar, Advocate. Respondent Naresh Kumar, son of Piare Lal, is present in person. Vivek Singh Thakur, J (Oral) Petitioners-landlords have assailed judgment dated 04.07.2007, passed by Appellate Authority, Fast Track Court, Shimla, H.P., in Rent Appeal No.54-S/14 of 2004/1999, titled as Shiv Kumar and others vs. Piare Lal, whereby order dated 28.12.1998, passed by Rent Controller (II) Shimla, H.P., in case No.73/2 of 1998/88, titled as Som Nath (since deceased) through LRs and others vs. Pyare Lal, has been affirmed. 2. During pendency of present petition, parties have entered into a compromise, which has been narrated in the statements of parties recorded in the Court on oath. 1 Whether reporters of the local papers may be allowed to see the judgment? 2 ( 2025:HHC:9858 )
3. Tenant-Naresh Kumar, in his statement recorded in the Court, on oath, has stated as under:-
“I am tenant of the petitioners and matter has been resolved amicably with the petitioners. I have agreed to vacate the tenanted premises on or before 30.09.2025 and, in response, petitioners have agreed to waive off the rent/use and occupation charges of the premises in reference. In terms of aforesaid compromise, I undertake to vacate the premises on or before 30.09.2025, failing which I shall, apart from contempt proceedings, also be liable to face civil and criminal consequences in accordance with law. I am deposing in this Court, out of my free will, consent and without any external pressure, coercion or threat of any kind.”
4. Petitioner No.1-Shiv Kumar, in his statement recorded in the Court, on oath, has stated as under:-
“I am appearing on behalf of all petitioners. They have instructed me to enter into a compromise as stated in the statement of tenant-Naresh Kumar. In terms of compromise, as the tenant has undertaken to vacate the premises on or before 30.09.2025, we have agreed to waive off the rent/use and occupation charges of the premises in reference. I endorse the statement made by the tenant. We have entered into a compromise with the tenant. I am deposing in this Court, out of my free will, consent and without any external pressure, coercion or threat of any kind.”
5.
Mr.Ramakant Sharma, Advocate, in his statement recorded in the Court, has stated as under:-
3 ( 2025:HHC:9858 )
“Petitioner Shiv Kumar is present in person. He alongwith other petitioners is being represented by me. I have been instructed by all the petitioners to resolve the issue by way of amicable settlement, as agreed between the petitioners and the respondent and recorded in the statement of respondent on oath today in the Court. My aforesaid deposition is strictly in consonance with instructions imparted to me by the petitioners. .”
6. In view of above, present petition is allowed and
disposed of, in terms of compromise directing the respondent to vacate the premises in reference on or before 30.09.2025, failing which apart from contempt proceedings, respondent shall also be liable for facing civil and criminal proceedings, in accordance with law. Pending applications, if any, also stand disposed of. (Vivek Singh Thakur), Judge. April 8, 2025 (Purohit)