CRP 3/2006 BEFORE HON’BLE MR. JUSTICE HRISHIKESH ROY Ms. B. Dutta, learned counsel for the petitioner and Mr. K. Agarwal, learned cou nsel for the respondent submit that an out of Court settlement has been reached amongst the parties and the terms are incorporated in a deed of settlement dated 28.4.2010 executed by and between the parties. Accordingly, a joint submission is made for disposing of the present proceeding in terms of the recorded agreement. Having considered the submissions and on perusal of the deed of settlement produ ced before the Court, this case is disposed of on the following agreed terms :- NOW THIS DEED OF SETTLEMENT WITNESSETH AS FOLLOWS:- 1. That in pursuance of above settlement the FIRST PARTY hereby has paid an amount of Rs.5,00,000/- (Rupees five lacs) only to the SECOND PARTY as compens ation, the receipt of which amount the SECOND PARTY doth hereby admit and acknow ledge. The SECOND PARTY has also acknowledged the receipt of the said amount by executing a Money Receipt dated 28.4.2010. 2. That on receipt of the aforesaid amount of Rs. 5,00,000/- (Rupees five l acs) only as compensation from the FIRST PARTY, the SECOND PARTY does hereby wai ve all his tenancy right, claim of possession and interest over the suit premise s. 3. That the SECOND PARTY hereby undertakes not to make any claim in respect of the possession of the suit premises at any time in future. 4. That the SECOND PARTY hereby further undertakes not to put in execution of the order passed in Misc.(J) Case No. 7 of 2005 passed by the Learned counse l for the. Civil Judge, Jr. Division No. 1, Tinsukia and affirmed by the Lt. Civ il Judge, Sr. Division, Tinsukia in Misc. Appeal No. 11 of 2005. 5. That the PARTIES hereto shall file necessary petition before the Hon’ble High Court for disposal of the revision in terms of the above settlement at the cost of the FIRST PARTY. SCHEDULE OF THE SUIT PREMISES The suit premises consisting one room (Assam type) measuring 10 ft X 25 ft. made of bricks wall, C.I. Sheet/Asbestos sheet roof, wooden doors, fitted wi th electric connection, standing on the land covered under part of Dag No. 2785 of P.P. No. 831, Tinsukia Town Sheet No. 6, Mouza Tinsukia, Municipal Holding No . 3504 of Ward No. 15, situated at Dhekiajuli, Tinsukia, bounded by North Tea Stall of Sri Bankelal; South Rented shop of the FIRST PARTY East A.T. Road; West Shop of the FIRST PARTY It may also be recorded on the basis of submission of the respective cou nsels that payment of Rs 5,00,000/- is already received by the tenant Pulakesh D utta (defendant) and the possession of the suit premises has been peacefully han ded over to the landlord Ajit Ranjan Singha (plaintiff) in terms of the agreemen t dated 28.4.2010. The matter is disposed of accordingly by incorporating the terms and making it a s part of this Court’s order.