S.U.Khan, J. - (1.) Sri V.K. Birla, learned counsel, appears for the tenant petitioners in both the writ petitions Sri Madhav Jain, learned counsel appears for the landlord respondent No.3, Dharmshala Lala Gaya Prasad Bihari Lal in both the writ petitions through caveat. Petitioners and proforma respondents are tenants of two adjoining shops. The shop adjacent to the main gate of Dharmshala will be referred to as shop No.1 and the other shop adjacent to the said shop as shop No.2. At present, there is no dividing wall in between both the shops. Landlords filed eviction suits, against the original tenant, Sri Devi Prasad Khanna in respect of both the shops being S.C.C. Suit No.183 of 1996 and 184 of 1996. Both the suits were decreed for eviction and arrears of rent by J.S.C.C., Agra on 16.01.2003. Against the said judgments, two revisions being S.C.C. Revisions No.9 & 10 of 2003 were filed. A.D.J., Court No.9, Agra, dismissed both the revisions 27.07.2007, hence these writ petitions.
(2.) On the persuasion of the Court and after consulting their clients, several times, learned counsel for both the parties agreed for settlement of the dispute through compromise in the following terms:- 1. Tenants will deliver possession of shop No.1 to the landlord within one month from today. Shop No.2 is left in the tenancy of petitioners and proforma respondents. 2. In between the two shops, there was a wall of 18 inches width. The wall is no more there, however, some of its lower portions on two sides are still in existence. Exactly in the middle of the said portions, landlord will construct a wall of 4.5 inches width, so that both the shops are permanently separated. 3. Rent of the shop left in the tenancy occupation of the tenant will be Rs. 1200/- per month payable from October, 2007 onwards inclusive of water tax etc. No further amount over and above Rs. 1200/- per month will be payable by the tenants. 4. The electricity meter got installed by the tenant is affixed in shop No.1. Within one month, the tenant shall shift the same in shop No.2 (with the permission of Power Corporation, if necessary). 5. For payment of electricity dues in respect of electricity consumed against the meter installed in shop No.1 uptil date of delivery of possession of shop No.1 to the landlord only tenant will be liable. W.e.f. date of delivery of possession, tenant will be liable to pay electricity dues for the electricity consumed by him in shop No.2.
(3.) Both the writ petitions are accordingly disposed of in terms of the above compromise and both the impugned judgments, decree of the trial court and order of the revisional court are modified accordingly.;