CM No.13423-C-09 and - 1 - RSA No.2759 of 2008 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CM No.13423-C-09 and RSA No.2759 of 2008 DATE OF DECISION: 04.12.2009 **** Satpal and others . . . . Appellants VS. Municipal Committee and another . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: Mr.L.N. Verma, Advocate for the Appellants. Mr.Mahavir Sandhu, Advocate for respondent No.1. **** RAKESH KUMAR JAIN J. (ORAL) CM No.13423-C-09 Notice in the application. At this stage, Mr. Mahavir Sandhu, Advocate accepts notice on behalf of respondent No.1 and submits that he has no objection if application is allowed. In view of the above, the aforesaid Civil Misc. is allowed as prayed for. Registry is directed to amend the memo of parties, accordingly. RSA No.2759 of 2008 The present appeal arises out of the suit filed by the plaintiffs for declaration, in which they have lost before the Court below. CM No.13423-C-09 and - 2 - RSA No.2759 of 2008 Notice of motion was issued on 9.11.2009, in which following order was passed: - “Counsel for the appellants, on instructions from Satpal appellant No.1, Kasturi Lal Lohiya appellant No.4, Pawan Kumar appellant no.6 and Ram Nath appellant No.7, states that they are ready to accept the ownership of the Municipal Committee provided, they are allowed to retain the shops as tenants on payment of the prevailing rent, along with increase as prescribed by the rules. It is prayed that as the appellants are earning their livelihood from the shops and they are ready to attorn to the Municipal Committee as tenants. Notice of motion for 20.11.2009, limited to the aforementioned prayer. Process dasti only. Parties are directed to be present in person on the next date of hearing.” On 20.11.2009, following order was passed: - “The appellants are present in person and state that they acknowledge the ownership of municipal committee as a landlord and in case they are allowed to retain possession, they are ready to pay market rent as per rules. Counsel for the municipal committee prays for time to seek instructions. Adjourned to 04.12.2009.” Mr.Mahavir Sandu, learned counsel for respondent No.1, on instructions received from Mr.K.K. Nagpal, Secretary, Municipal Committee, Rania, who is present in Court, has submitted that the CM No.13423-C-09 and - 3 - RSA No.2759 of 2008 Municipal Committee has no objection to retain the present appellants as its tenants in the shops in dispute provided they honour the words given to this Court on 20.11.2009 to make the payment of rent on the market rate as per rules. At this stage, learned counsel for the appellants has submitted that the appellants would honour their words, which are recorded in order dated 20.11.2009 and shall pay market rent as per rules from December 2009 onwards. It is also pertinent to mention that respondent No.2 had never challenged the judgment and decree passed by the learned trial Court that the property in question is not owned by the Municipal Committee, Rania nor had challenged the judgment and decree of the First Appellate Court where the judgment and decree of the trial Court has been upheld. In view of the above compromise between the parties in the Court, the present appeal is disposed of with a direction that the appellants shall retain the possession of the shops in dispute of which the Municipal Committee is the landlord and pay market rent as per rules from December 2009. (RAKESH KUMAR JAIN) DECEMBER 04, 2009 JUDGE Vivek