cr ^ ^<y^ IN THE HIGH COURT OF JUDICATURE AT BILASPOR (C.G.) ^— FIRST APPEAL N0 /2010 FIRST APPEA1 UNDER SECTION 96 OF THE CODE OF CIVIL < • ^" APPELLANT/ •'DEFENDANT ft.f- ^^--^ ::y^€ ;:'^^"> PROCEDURE •'Rishi -Infotech, Through I.C.I.C.I. Bank Ltd., Registered Office - Shop No. 6 - 7 , Raj Mayur No. - 2, Housing Society, Behind Divagi Mettles, Irandven, Pune - 111 004 ' And Flat T.F. 29 - 30, Millenniuin Plaza, G.E. Road, Raipur (CG) VERSOS RESPONDENT/ : —iBLAINTIFF - Shyamdas Prakash Kumar, H.U.F. Through Shri R/o : C Prakash Chhabariya, R/o : C - 198, —S±Lail_end.r_a_Nagar,_ Rai^pur (CG) ?S®i f\^ HI6H CQURT OF CHHATTISS^RH AT BILASPUR Defendan- Piaintiff HON'BLE MR. I.M.QUD&USI & HON'BLE MR. N.K. A6ARWAL. JJ. F.A.No.72/2010 Rishi Infotech Shyamdas Prakash Kumar Mrs. Fouzia Mirza, Advocate for the appellant. Mr. Shravoyi Kumar Agarwat, Advocate' for the respondent. The parties are also present in person. OR&ER (Oral) >th (12Tn September. 2011) I.M. Quddusi- J: 1. Heard. 2. The appellant has filed this appeal against the judgment &, decree dated 5.12.2009 passed by the learned 1 Additional District Judge, ftdipur- in Civil Suit No.l5-A/2007 decreeing suit of the respondent herein. 3. Facts of the case, in brief, are that the plaintiff/respondent filed a suit for eviction, arrears of rent and damages of Rs.6,53,198/- against the defendant/appeliant herein stating therein that the plainti-ff/ respondent herein is the owner of the Flat No. TF 29-30 situated at 6.E. ftoad, AAillenium Plazo, Raipur. The appellant herein was occupying the said premises at the monthly rent of Rs.30,540/- and in this regard an agreement was executed on 1.9.2006 between the appellant and the respondent. As per agreement, if the defendant/oppellant herein continues with the possession of rented premises, there will be increase of 10% in the monthly rent of the premises. But even after expiry of tenancy period, the defendant neither handed over the vaamt possesaion of -the premises nor' paid the increased rent and therefore, the plaintiff has seryed a legal notice through his advocate demanding vacant possession and arrears of rent. On 15.5.07 the defendant informed the plaintiff that the premises has been vacated by the defendant and osked the plaintiff to BL i (€ " -^.^^ ^^•.^.n ^ i.i \ receive the key of the premises. Thereafter, the plaintiff has contacted •the defendant on various occasions ond demanded arrears of rent etc. but the defendant did not pay any heed to demond of the plaintiff, therefore, the piaintiff has filed civil suit for vacant possession and arrears of rent. 4. The court below after hearing the parties ond considering the material available on record, decreed the suit of the plbintiff/respondent herein and held that the plaintiff/resppndent herein is entitled to receive a sum of Rs.1,67,290/- from the defen3ant/appellant hsrein towards arrears of rent of the disputed premises. The plaintiff/respondent herein is atso entitled to receive damages of Rs.33,594/- per month from 17.9.2007 payable by the defendant/appellant herein tiil the vacant possession of the premises in question is delivered to him. Being aggrieved by the said judgment and decr-ee, the defendant/appellant herein has filed this appeal. 5. Today learned counsel for the appellant and the rsspondent had jointly filed an apptication under Order 23 Rule 3 CPC and the same is taken on record. In this application, it has been mentioned that the appellont and the respondent have settled all their disputes and differences, out of their own, by entering into a compromise under which the respondent has received key of the disputed premises dnd two cheques i.e. Cheque No. 007605 dated 08.09.2011 amounting to Rs.50,000/- and Cheque No.012081 dated 09.09.2011 amounting to Rs.7,00,000-/, both drawn on ICIC Bank, towards full and final payment of arrears of rent etc. 6. TTie'appellant as well as the respondent, who are present in person, have submitted that they have resolved their disputes amicably. The respondent has submitted that he has received the key of vacant premises and also a sum of Rs.7,50,000/-towards full and final payment of decreetal amount i.e. arrears of rent etc. 7. Having heard learned counsel for the parties, having regard to the fact sifuation and having regard to the amicable settlement between the parties, we dispose of this appeal in ternns of the compromise entered _betweenJ;he_aBBelJgntqndthe respondent herein, qsstated^boye^ Sd/- . ; I-M.Quddusi i Sd/- Judge | N.K.Agarwal Judge ^ ,<-a!fc?°S