Court No. - 19
Case :- S.C.C. REVISION No. - 134 of 2018 Revisionist :- Javed Ali Khan And 2ors Opposite Party :- Iffat Jamal Counsel for Revisionist :- Krishna Mohan Tripathi, ,Sunil Kumar,Sunil Kumar Sharma Counsel for Opposite Party :- Rateesh Singh Hon'ble Manoj Kumar Gupta,J. Heard counsel for the parties.
The instant revision is directed against the judgement and decree dated 15.7.2014 passed by Court of Small Causes decreeing SCC Suit No.11 of 2012. The trial court has decreed the suit filed by the plaintiff-respondent for recovery of arrears of rent for the period 1.11.2011 to 16.6.2012 and mesne profits for the subsequent period at the rate of Rs.100/- per day and for eviction of the revisionists (defendants).
It is not in dispute between the parties that the possession of the tenanted premises has been handed over by the defendants to the plaintiff-respondent on 18.7.2018. However, there is dispute between the parties relating to return of premium amount and arrears of rent and mesne profits.
After some argument, counsel for the parties have agreed that since possession has already been delivered to the plaintiff- respondent and, therefore, the other part of the decree relating to recovery of arrears of rent and mesne profits be set aside.
In view of the above settlement, the said part of the decree is hereby set aside.
No order as to costs.
(Manoj Kumar Gupta, J) Order Date :- 22.1.2019 SL