DINESH KUMAR Vs. RAMESH PANDEY

JUDGEMENT

(1.) PURSUANT to compromise between the parties, Civil Revision No. 139 of 2011, titled Sh. Dinesh Kumar Vs. Sh. Ramesh Pandey was disposed of vide judgment dated 13.12.2011, text whereof is as under: -

(2.) 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 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 SCC 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 on or before 13.01.2012. The petition stands disposed of, as compromised in the above terms. The parties to abide by terms and conditions of the 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.

(3.) ON 25.04.2012 and thereafter on 24.05.2012 the respondent prayed for and was granted time to file reply to the aforesaid show cause notice issued to him, vide order dated 29.03.2012. However, today it is stated on behalf of the parties that the respondent has paid a sum of Rs. 10,000/ - (ten thousand) to the petitioner as "balance of rent for shop No.4 of Sh. Romesh Pandey Near Delhi Gate Nahan" and a photocopy of receipt dated 13.7.2012 to this effect has been brought on record. It is further stated that in view of payment of the said sum of Rs. 10,000/ - (ten thousand), the aforesaid judgment dated 13.12.2011 stands fully complied/satisfied. The respondent, who is present in the court also tenders unqualified apology for not complying with the judgment dated 13.12.2011 within the stipulated period. Against the foregoing background, the parties pray that the present proceedings may be dropped. Prayer considered and allowed in the interest of justice, keeping in view the fact that the judgment dated 13.12.2011 giving rise to the present proceedings for contempt has since been complied with by the respondent and he has also tendered unqualified apology for non compliance of the said judgment within the stipulated period, which appears to be sincere and bonafide, the contempt proceedings are dropped.