2025:HHC:2292 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Civil Revision No. 43 of 2014 Date of decision: 10 .1.202 5 Devinder Chaudhary (deceased) through LRs. …Petitioners. Versus Daya Behl. …Respondent. Coram The Hon’ble Mr. Justice Vivek Singh Thakur, Judge. Whether approved for reporting?1 For the Petitioners. Mr.Jeevesh Sharma, Advocate. For the Respondent: Ms.Heena Chauhan, Advocate, vice Mr.Bhoop Singh Thakur, Advocate. Vivek Singh Thakur, Judge (Oral) Learned counsel appearing for the petitioners submits that petitioner in present petition was tenant of respondent and he was ordered to be evicted by Rent Controller vide order dated 31.8.2011 passed in Rent Petition No. 9/2 of 2007, titled as T.C. Behl Vs. Devinder Chaudhary. Further that appeal preferred by tenant, i.e. present petitioner, was dismissed by the Appellate Authority vide order dated 16.11.2013 passed in Rent Appeal RBT No. 77-S/14 of 2013/12, titled as Devinder Chaudhary Vs. T.C. Behal, hence present petition was preferred by the tenant. 1Whether the reporters of the local papers may be allowed to see the Judgment? Yes 2025:HHC:2292 Civil Revision No. 43 of 2014 2. During pendency of proceedings in the Court original tenant Devinder Chaudhary and landlord T.C. Behl have expired and they were substituted through their legal heirs. Veena Kumari (wife) and Rajni Chaudhary (daughter) are now petitioners in present petition and Daya Behl wife of T.C. Behl is respondent herein. 3. It has been submitted by Mr.Jeevesh Sharma, Advocate that during pendency of present petition, respondent/landlord had taken over possession of the premises in reference without consent of the petitioners/tenants, however, thereafter matter has been amicably settled between the parties and petitioners have agreed to withdraw present petition, subject to waiver of the balance use and occupation charges which have not been deposited or paid by the petitioners to the respondent/landlord, however, use and occupation charges deposited by the petitioner during the pendency of the proceedings in the Courts shall be released in favour of respondent/landlord and for that petitioners/tenants have no objection as respondents/landlord has agreed to waive off the balance use and occupation charges/rent of the premises in reference. 4. 4. Ms.Heena Chauhan, Advocate appearing for respondent/ landlord under instructions of original counsel Mr.Bhoop Singh Thakur, Advocate submits that aforesaid terms have been communicated by 2 2025:HHC:2292 Civil Revision No. 43 of 2014 landlord Daya Behl to Mr.Bhoop Singh Thakur, Advocate, who in turn has instructed her to appear in present matter to endorse the same. 5. In aforesaid circumstances, present petition is permitted to be withdrawn by the petitioners with direction that amount of use and occupation charges, if any, deposited in any Court in present matter shall be released in favour of respondent Smt. Daya Behl on filing appropriate application, disclosing her account number therein and balance use and occupation charges, if any shall stand waived of by the respondent. The petition stands disposed of in aforesaid terms alongwith pending applications, if any. (Vivek Singh Thakur), 10th January, 2025 Judge. (Keshav) 3