- (1.) THIS appeal arises out of a judgment and decree passed by the Court of additional District Judge, Delhi in a suit for possession of a shop and payment of arrears of rent/damages etc. The Court below has come to the conclusion that the premises, in question, is not covered by the provisions of The Delhi Rent control Act, 1958 and that the tenancy of the defendant/appellant having been validly terminated, he has no justification to stay in possession. The Court has also found the plaintiff/respondent entitled to the arrears of rent of rs. 1,51,528/- with interest @ 9% per annum calculated from the date of filing of the suit till realization. When the appeal came up for hearing before us today after arguing the matter at considerable length, the parties have with the assistance of their respective counsel arrived at a mutually agreeable settlement. The settlement envisages payment of a sum of Rs. 5,00,000/- by the respondent-landlord to the appellant whereupon the appellant has agreed to vacate the premises unconditionally and without demur. Statements of the appellant and the respondent in this regard have been separately recorded by us. In the circumstances and keeping in view the fact that the settlement is perfectly lawful, we see no reason why a decree in terms thereof cannot be passed in modification of the judgment and decree passed by the Trial Court. We, accordingly, dispose of the appeal with the following directions:- (1) The decree for possession and for arrears of rent/damages passed by the Trial Court shall stand modified to the extent that the appellant shall vacate the premises in his occupation within one month from the date the respondent deposits with the Trial Court a sum of Rs. 5,00,000/- in full and final settlement of all claims and counter claims whatsoever of the parties against each other on account of arrears of rent/damages, return of pagari/premium etc. (2) The appellant shall, in this connection, file an undertaking in this court to vacate the premises on his own without putting the plaintiff/respondent to the trouble of executing the decree within one month from the date the deposit is made. (3) If the appellant does not, despite the said undertaking vacate the premises within one month from the date of deposit, the plaintiff/respondent shall be free to institute execution proceedings against him for delivery of possession and also initiate appropriate proceedings for the breach of the undertaking given to this court. (4) Upon deposit of the amount, the Trial court shall disburse the same to the appellant no sooner the appellant reports delivery of the possession to the respondent. (5) The amount of Rs. 1,51,528/- with interest, if any, accrued on the same deposited by the appellant in this Court pursuant to the interim order of this court dated 3rd March, 2008 shall, in the light of the settlement arrived at between the parties, be refunded back to the appellant. The parties are left to bear their own costs in this Court.;