Prakash Krishna, J. - (1.) THE present revision has been filed under section 25 of the Provincial Small Causes Courts Act by the tenant against the judgment and decree passed by the Court below in SCC Suit No. 4 of 2000. The Court below by its judgment and decree dated 9.2.2009 has decreed the suit for recovery of arrears of rent and ejectment. The matter was heard earlier and the hearing was postponed on the request made by the Counsel for the parties, as there was likely hood of compromise between them. When the matter was taken up, subsequently, an application signed by Shri Vivek Kumar Singh, Advocate and Shri Tarun Verma, Counsel for the opposite party dated 2.9.2009 supported with an affidavit of Shri R.P. Gupta have been filed.
(2.) IN view of the compromise entered into between the parties, the learned Counsel for the applicant submits that he does not want to press the present revision on merits of the case and it may be disposed of in the terms and conditions as agreed upon by the parties mutually. In this view of the matter, the revision is dismissed subject to the following terms and conditions as incorporated in paragraph 4 of the affidavit. (a) That the revisional i.e. Gorakhpur Textiles agreed to pay the rent/damages at the rate of Rs. 2500/ - per month including house tax and water tax instead of Rs. 1376/ - the rent being paid of Rs. 2752 as has been decreed from the 11.4.2009 during the date of actually vacating and handing over peaceful possession of Govind Bhavan Karyalaya through Geeta Press. (b) That it is agreed that the revisional Gorakhpur Textile will continued to remain in possession of the shop No. 35 as per boundary wall mentioned in the plaint in dispute for one year from the date of the order passed by this Hon'ble Court on the condition that they will continuously pay rent/damage to the respondent i.e. Govind Bhavan Karyalaya through Geeta Press at the rate of Rs. 2500/ - per month (inclusive all taxes) payable by 7th of each month and the respondent i.e. Govind Bhavan Karyalaya through Geeta Press will issue the receipt of the payment. In case of any failure in the regular payment of rent/damages the revisionist will liable to be ejected from the disputed shop. (c) That it is also agreed between the parties that the rent/damages Rs. 2,500/ - per month will be calculated and to be paid to Govind Bhavan Karyalaya i.e. from 11.4.2000, some amount already deposited by the Gorakhpur Textile towards the amount calculated at the rate of Rs. 2,500/ - per month. The amount found due after adjustment at the aforesaid rate will be paid to the party against whom it is found due within a month. (d) That the revisionist will have no objection to withdraw of money deposited by revisionist under section 30(1) of Act No. 13/1972 and before the Court below in S.C.C. Suit No. 4/2000. In view of above, the applicant is granted one year time from today to remain in occupation of the disputed shop subject to payment of Rs. 2500/ - per month with effect from 11.4.2009. If any amount which has already been paid shall be given adjustment.;