IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. RFA No. 177 of 2008 Decided on: 17.09.2025 ____________________________________________________ Regional Provident Fund Commissioner and Anr ……….. appellants Versus Rajiv Chauhan and other ……….respondents ____________________________________________________ Coram: Hon'ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting? 1 For the appellants : Mr. Rahul Mahajan, Advocate. For the respondents : Mr. Ajay Kumar, Advocate, for respondents No. 1 to 3. : Respondent Nos. 4 and 5 proceeded against exparte. ____________________________________________________ Bipin Chander Negi, Judge ( oral) The present appeal has been preferred against the impugned judgment dated 05.05.2008, passed by the learned Additional District Judge, Shimla, H.P. 2. The suit in the case at hand was filed by the present respondents for the following reliefs:- (a) decree directing the defendant to put plaintiff in possession of building. (b) a decree for Rs. 6,20,988/- with 12% interest. 1 Whether the reporters of the local papers may be allowed to see the judgment? 2 (c) decree for payment of use and occupation charge after 23.07.1993 till vacation of premises. (d) injunction to restrain the defendants from occupying the building. (e) any other relief. 3. Based on the pleadings of the parties, issues in the case at hand had been framed on 03.05.2008. After recording of evidence of both the parties and post conclusion of hearing, the learned trial Court had decreed the suit of the respondents/plaintiffs in the following terms:- (i) A decree is passed in favour of plaintiffs for a sum of Rs. 77,889/- on account of arrears of rent due up to 31.08.1993 with interest @ 6% P.A. from 01.09.1993 till realization. (ii) A decree for possession of four storeyed building situated on land bearing Khasra Nos. 77/4, 77/5 and 914/7, measuring 187, sq. yards and 9 sq. feet in station ward Chotta Shimla is passed. The defendants are directed to vacate the same by 31.07.2008. This decree for relief of possession shall become executable only after 31.07.2008. (iii) Plaintiffs are held entitled to recover from the defendants use and occupation charges @ 14,784/- per month w.e.f. 01.09.1993 till vacation of premises. There is evidence on record that charges @ 9,591.40/- have been paid up to June, 1994. In the absence of evidence, it cannot be said whether any payment(s) has/have been made thereafter or not. Apparently, all such payments are liable to adjusted. 3 (iv) The plaintiffs’ claim for injunction is dismissed. (v) In view of partial success, they are also not entitled to costs. 4. During the pendency of the present appeal, parties to the lis have compromised the matter. The compromise deed has been taken on record and is placed at page No. 65 of the paper book. The parties have compromised the matter in the following terms:- (a) That the first party shall handover the vacant possession of the building comprised of ground floor area of 902 sq. ft, 1st floor, comprising of area of 295 sq. ft, 2nd floor comprising of area of 925 sq. ft. and 3rd floor comprising of area of 925 sq. ft, denoted by Khasra Nos. 77/4, 77/5 and 914/7, area measuring 187 sq. yards and 9 sq. ft. situated in Ward Chotta Shimla (hereinafter referred to as the premises in question) to the second party on or before 31.01.2026. (b) That the second party in view of the compromise being effected and the possession of the premises as described in Para(a) above being handed over by the first party as agreed with the second party on or before 31.01.2026 the second party will withdraw CMP No. 12093 of 2024 filed for use and occupation charges and will not press any other applications or will file no other suit or application for use and occupation charges or for the lease amount except for what has been paid in terms of the order dated 16.05.1996 passed in Civil Suit No. 138 of 1993 by Hon’ble High Court and order dated 06.08.2008 passed in CMP No. 902/2008 4 by the Hon’ble High Court of H.P. and the amount which has been deposited in terms of the order dated 06.08.2008 will be remitted in favour of the second party. (c) That the amount deposited in terms of the order dated 06.08.2008 passed by the Hon’ble High Court of H.P., by the first party can be withdrawn by the second party on the compromise being effected. The said compromise is being entered without any force, coercion and of their own sweet and free will. 5. On a perusal of the compromise so entered into between the parties, I am satisfied that the suit in hand has been adjusted in its entirety by a lawful agreement, which is in writing and signed by both the parties. 6. The appeal in the case at hand is disposed of in terms of aforesaid compromise. In the decree to be drawn, the relevant portion of the compromise extracted here-in- above be made part of the decree. Pending application(s), if any, shall also stand disposed of. (Bipin Chander Negi) Judge September 17th, 2025 Susheel