IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CR No. 139 of 2011 Date of decision: 13.12.2011 ________________________________________________________________ Dinesh Kumar son of late Shri Desh Raj, proprietor of shop No. 4, Near Pant Clinic, Hindu Ashram Road, Nahan, District Sirmour, Himachal Pradesh. .....Petitioner. Versus Ramesh Pandey son of late Shri B.D. Pandey, at present residing at Mehta Niwas Keleston Estate, Shimla, Himachal Pradesh. .....Respondent. Civil Revision under Section 24(5) of the H.P. Urban Rent Control Act for setting aside the order dated 17.08.2011 passed by the Rent Controller No. 1 Nahan, District Sirmour, H.P. In Execution Petition No. 10/10 of 2011. Coram The Hon'ble Mr. Justice V.K. Sharma, J. 1 Whether approved for reporting? No. ________________________________________________________________ For the petitioner: Mr. R.K. Gautam, Sr. Advocate with Mr. Vikrant Chandel, Advocate (petitioner in person) For the respondent: Mr. Bimal Gupta and Mr. Satish Sharma, Advocates (respondent in person). V.K. Sharma, J. (Oral). Conciliation between the parties tried. The efforts have succeeded. In view of agreement between the parties, as emerges out at the bar, the respondent-landlord has agreed to let the petitioner-tenant remain in possession of the demised premises up to 31st March, 2013, subject to payment of use and occupation 1 Whether reporters of Local Papers may be allowed to see the judgment? No. ...2... charges @ 1815/- per month on and w.e.f. 01.05.2008 till 31st March, 2013. The arrears in this regard up to 31st December, 2011, shall be paid by the petitioner-tenant to the respondent-landlord in lump sum alongwith use and occupation charges for the month of January, 2012, payable on or before 10.01.2012. As agreed, the petitioner-tenant shall handover vacant possession of the demised premises to the respondent-landlord on or before 31st March, 2013, positively, failing which the respondent-landlord shall be entitled to recover possession of the demised premises from the petitioner- tenant in terms of the judgment of the Hon'ble Supreme Court in Ram Prakash Sharma vs. Bulbul Birla (dead) By LRS. and others, (2011) 6 Supreme Court Cases 449. The petitioner- tenant shall also keep on paying use and occupation charges at the above rate to the respondent-landlord by 10th day of every month and on and w.e.f. 01.01.2012 up to 31.03.2013 and in case of consecutive default for three months, the demised premises shall be liable to be vacated by him forthwith. Such payment shall be made either in cash or through bank draft or by deposit before the learned Rent Controller. Statements of the parties recorded separately and the same have also been endorsed by their learned counsel. The petitioner-tenant shall also file an undertaking in terms of this order/judgment to the satisfaction of the learned Registrar General of this Court or or before 13.01.2012. 2. The petition stands disposed of, as compromised in the above terms. The parties to abide by terms and conditions of the ...3... compromise in letter and spirit and failure to do so shall entail consequences, as above in accordance with law, including initiation of proceedings for contempt of Court. (V.K. Sharma) Judge 13th December, 2011 (virender)