DEWANTI SHARMA(deceased) through LRs v. BANARASI SINGH
CR/13/2025 · 2025-08-20
Satyen Vaidya
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8620 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8620 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Civil Revision No. 13 of 2025
Date of decision 20.08.2025. Dewant Sharma (deceased) through LRs. ...Petitioners.
Versus
Banarasi Singh
...Respondent.
Coram: The Hon’ble Mr. Justice Satyen Vaidya, Judge.
Whether approved for reporting?1 For the petitioners : Mr. Ajay Sharma, Sr. Advocate with Mr. Tarun Brakta, Advocate.
For the respondent : Mr. Ashok Sood, Sr. Advocate with Mr. Abhishek Banta, Advocate.
Satyen Vaidya, Judge (oral):
A joint application under Order 23 Rule 3 Code of Civil Procedure has been filed by the parties today in the Court with a prayer that the petition be disposed of in terms of the averments made in the application. The application is taken on record and same be registered.
2. As per application, the parties have amicably settled their dispute. The petitioners-tenants have agreed not to press the instant revision petition on the conditions that the respondent-landlord will allow them to retain the possession of the premises for another two years i.e. till
1 Whether reporters of Local Papers may be allowed to see the judgment?
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20.8.2027. The respondent-landlord has reciprocated and has agreed to allow the petitioners-tenants the period of further two years i.e. till 20.8.2027, during which period, the petitioners-tenants shall be at liberty to peacefully occupy the premises. It is also agreed that during this period of two years, the petitioners-tenants shall pay use and occupation charges at the rate of Rs. 500/- per month to the respondent-landlord w.e.f. 1.9.2025.
3. I have gone through the contents of the application. The terms of agreement recorded therein are lawful and can be legally implemented. Thus, the revision petition is disposed of in terms of the conditions of the settlement arrived between the parties and as recorded in the aforesaid application. The terms of application shall form part of this order. The arrears of rent already deposited by the petitioners-tenants before the learned Rent Controller or the learned Appellate Authority shall be released in favour of the respondent-landlord on his application made before the appropriate Court.
4. Accordingly, the petition is disposed of. The
order of eviction dated 4.3.2024, passed by the learned
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Rent Controller-II in Case No. 64/2/17 and affirmed by the learned Appellate Authority dated 11.12.2024 in Appeal No. 3-S/13B of 2024 is further affirmed, subject to the conditions that the same shall not be executed till the next two years i.e. till 20.8.2027 and in case the petitioners- tenants make any default in compliance to the terms of the agreement, the respondent-landlord shall become immediately entitled for execution of the order.
5. The petition is disposed of. Pending applications, if any, also stand disposed of.
(Satyen Vaidya) 20th August, 2025
Judge (kck)