IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Alok Kumar Verma, J.
Arbaaz S/o Mohammad Yamin - Appellant
Versus
Sajda Parveen - Respondent
Civil Revision No. 78 of 2020
Decided On : 22-10-2021
Revision - Eviction Decree - The court disposed of the revision in terms of a lawful compromise entered into by the parties, which resulted in the eviction of the defendant and relinquishment of rent and damages for use of occupation.
Fact of the Case:
The defendant filed a revision against a judgment and decree for eviction, arrears of rent, and damages for use of occupation. However, during the pendency of the revision, the parties entered into a lawful compromise.
Finding of the Court:
The court disposed of the revision in terms of the compromise, which involved the eviction of the defendant and relinquishment of rent and damages for use of occupation.
Issues: Enforcement of eviction decree, arrears of rent, and damages for use of occupation.
Ratio Decidendi: The court's decision was influenced by the lawful compromise entered into by the parties, resulting in the eviction of the defendant and relinquishment of rent and damages for use of occupation.
Final Decision: The revision was disposed of in terms of the compromise, and the compromise was made a part of the decree.
JUDGMENT
Alok Kumar Verma,J. - This revision has been filed under Section 25 of the Provincial Small Cause Courts Act, 1887 against the judgment and decree dated 24.08.2020, passed by the learned Judge, Small Cause Court/ 1st Additional District Judge, Haldwani in S.C.C. Suit No. 29 of 2018 "Smt. Sajda Parveen Vs. Arbaaz", whereby the said suit was decreed for eviction of the revisionist/defendant, arrears of rent and damages for use of occupation.
2. During the pendency of this revision, the parties entered into a lawful compromise.
3. A compromise application (IA 9809 of 2021) dated 08.10.2021, duly signed by the learned counsel for both the parties along with compromise deed dated 19.09.2021, Annexure No. 1, and affidavits of the parties have been filed before this Court.
4. According to the compromise, the revisionist has evicted and handed over the vacant possession of the shop-in-question to the respondent and amount of rent and mesne profit, as directed by the learned trial court, has been relinquished by the respondent.
5. The learned counsel for the parties submitted that the said compromise has been filed with free will of both the parties and without any pressure, misrepresentation or fraud.
6. Accordingly, the revision is hereby disposed of in terms of the compromise. The compromise, filed before this Court, shall be the part of decree. Registry is hereby directed to draw a decree accordingly.
7. No order as to costs.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.