- (1.) By means of the present writ petition the petitioner has approached this Court for issuance of a writ of certiorari quashing the order dated 12.11.2010 (Annexure No. 15) passed by the District Judge, in Review Application (Misc. Case No. 335 of 2010) and also the impugned release order dated 14.8.2009 passed by the Prescribed Authority, Mathura in P.A. Case No. 17 of 2008 as well as judgment and order dated 10.8.2010 passed by the District Judge, Mathura in P.A. Appeal No. 21 of 2009. The brief facts of the case are as follows: The petitioner is a tenant of the disputed shop bearing Municipal Water Rate No. 36/155Q, situated in Suman Market, Mohan Hotel, Chhatta Bazar, Mathura @ 100/- per month. The plaintiff-respondent filed a release application which was registered as P.A. Case No. 17 of 2008, under section 21(1)(a) of U.P. Act No. 13 of 1972. The said release application was allowed vide judgment and order dated 14.9.2009. Being aggrieved with the said order, the tenant petitioner preferred an appeal before the District Judge, Mathura vide P.A. Appeal No. 21 of 2009 which was dismissed by order dated 10.8.2010 and review application filed against the said order was also rejected on 12.12.2010. Hence, the present petition.
(2.) During the pendency of the writ petition, the petitioner and respondent have mutually agreed to resolve their differences and entered into a compromise and in pursuance thereof, the petitioner (Tenant) and the respondent (Landlady) have filed their joint affidavits dated 20.12.2010 before this Court today which is taken on record. Both the parties have been identified by their respective Counsel namely Sri Rahul Sahai, Advocate and Sri Nirvikar Gupta, Advocate.
(3.) For ready reference, the terms and conditions as mentioned in paragraph 5 of the joint affidavit dated 20.12.2010, filed by the parries in this writ petition, are reproduced blow:-- A. That, within one month from today, the deponent No. 1/tenant/petitioner has agreed to remove his effects, vacate and hand over peaceful possession to deponent No. 2/landlord/contesting respondent over the disputed shop bearing Municipal Water Rate No. 36/155Q. B. That in lieu of the above, the deponent No. 2/tenant/contesting respondent shall induct the deponent No. 1/tenant/petitioner as tenant over two shops i.e. Shop No. 36/155D and 36/155E on a consolidated rent of Rs. 2,500/- excluding house tax, water tax, electricity bills etc. which shall also be payable by the deponent No. 1/tenant/petitioner, C. That the deponent No. 1/tenant/petitioner shall not sublet the newly tenanted shops and will also not carry out any material/structural alteration whatsoever. He will also not encroach/obstruct the passage of the gallery. Failing the aforesaid, the deponent No. 2/landlord/contesting respondent shall have a right of re-entry. D. That the deponent No. 1/tenant/petitioner and the deponent No. 2/landlord/respondent further agree that the rent of the newly let out premises to the deponent No. 1/tenant/petitioner being shop No. 36/155D and 36/155E shall be subject to enhancement @ 25% every 3 years. Failing the aforesaid, the deponent No. 2/landlord/contesting respondent shall not have a right of re-entry. In view of the compromise entered into between the parties this writ petition is finally disposed of in accordance with the terms and conditions as specified in paragraph 5 (as indicated hereinabove) of the joint affidavit dated 20.12.2010 filed by the parties today in this writ petition. Thus, the impugned orders passed by the Courts below stands superseded accordingly.;