Chander Pal vs Mam Chand And Another on 5 September, 2009

Civil Revision No. 4095 of 2005 (O&M)
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     IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                    CHANDIGARH


                                 Civil Revision No. 4095 of 2005 (O&M)
                                 Date of decision: 05.09.2009

Chander Pal
                                                              ....Petitioner


                    Versus



Mam Chand and another
                                                           ....Respondents

CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA

Present: - Mr. C.B. Goel Advocate, and
           Mr. Sushil Jain, Advocate,
           for the Petitioner.

          Mr. J.K. Goel, Advocate,
          for the respondents.

                    *****

VINOD K. SHARMA, J (ORAL)

This revision petition is directed against the order dated

14.6.2005, passed under Section 144 of the Code of Civil Procedure,

ordering restoration of the possession of the shop taken by the petitioner

under ex parte eviction order.

The order was passed as the ex parte decree was set aside, and

subsequently, the petition for eviction was also dismissed.

The plea of the petitioner was, that the shop had fallen down in

rain, therefore, its possession could not be restored. Whereas, the stand

of the respondents was, that it was the petitioner, who demolished the

shop and, therefore, he is entitled to restoration of the possession, after
Civil Revision No. 4095 of 2005 (O&M)
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construction.

During the pendency of this revision petition, the parties have

compromised the matter. The copy of the compromise, duly signed, is

placed on record as Ex. ‘A’. In terms of the compromise, a sum of

Rs.1,00,000/- (Rupees one lac only) has been handed over to the

respondents, receipt of which is acknowledged.

In view of the compromise entered into between the parties,

this revision is allowed, impugned orders are set aside and the

application moved by the respondent-tenants under Section 144 of the

Code of Civil Procedure is ordered to be dismissed, but with no order as

to costs.

Revision allowed.

(Vinod K. Sharma)
Judge
September 05, 2009
R.S.