Md. Wasi Alam v. Chitranjan Kumar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.9 of 2019 ====================================================== Md. Wasi Alam, S/o Late Syeed Alam, Permanent resident of Millat Colony,Near Machhua Toli,Alamganj,P.O.Gulzarbagh,PIN-800007 Tenant of Shop No.6 M/s Delhi Bike Centre at Kamla Market4,R.K. Bhattacharya Road,P.S.Gandhi Maidan,Dist.-Patna-800001 ... ... Petitioner/s

Versus

Chitranjan Kumar, Advocate, S/o Late Sharan Sao Resident of Kamla Market, R.K. Bhattacharya Road,P.O-G.P.O.,P.S. Gandhi Maidan,Dist.-Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. S.Azeem, Adv.

Mr.Arvind Kumar Mr. Akshay Lal Pandit, Adv.

For the Respondent/s :

Mr.Santosh Kumar Singh Mr. Ambuj Kumar Chandra, Adv.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 22-01-2020 Heard learned counsel for the parties.

Petitioner has prayed for the following relief: "The present application is being filed against the order dated 12.10.2018 passed in Eviction Suit No. 92 of 2017 whereby and whereunder the learned Sub Judge XV, Patna has directed the petitioner to deposit arrears of rent @ Rs. 2500/- per month from December, 2014 till July 2017 and @ Rs. 15,750/- per month from August 2017 till October 2018 and, current month by month rent @ Rs. 15,750 per month by the 15th day of each month."

It is heartening to note that with the intervention of the Court, the parties have amicably resolved the dispute. As such, the present petition is being disposed of incorporating the terms of compromise as under:

Patna High Court C.Misc. No.9 of 2019(2) dt.22-01-2020 2/2 (a) All cases filed by either of the parties against each other with respect to the shop in question, shall be deemed to have been disposed of;

(b) The petitioner tenant has agreed to enhance the rent and pay a sum of Rs. 11,000/- as monthly rent with effect from 1st January, 2020 and onwards.

(c) Equally arrears of rent at the rate of 5,000/- per month with effect from 1st June, 2018 to 31st December, 2019 shall be paid by the tenant to the landlord in equal installments spread over a period of six months;

(d) Arrears of rent with effect from 1st July, 2017 up to 31st May, 2018 shall be paid at the rate of 2,500/- per month to the landlord. This also shall be paid in equal installment spread over a period of six months.

(e) Impugned order dated 12.10.2018 passed by the learned Sub Judge-XV, Patna in Eviction Suit No. 92 of 2017 is quashed and set aside.

On the aforesaid terms, the present petition stands disposed of.

(Sanjay Karol, CJ) sujit/- U