Civil Procedure Code, 1908 — Order 23 Rule 3 — Decree in terms of settlement

February 26th, 2013

Civil Procedure Code, 1908 — Order 23 Rule 3 — Decree in terms of settlement — Suit for ejectment and recovery arrears of rent and use and occupancy charges — Entitlement — Defendant agreed to pay towards arrears of rent and damages for use and occupation — Held, matter disposed of in pursuant to settlement between the parties — Decree for recovery passed in favour of the plaintiffs and against the defendant — Decretal amount to be paid in terms of the settlement recorded between the parties — Plaintiffs also entitled to proportionate costs which would be calculated on the valuation in respect of the relief of possession and on the amount which the defendant agreed to pay towards arrears of rent and damages for use and occupation — As issues are yet to be framed, plaintiffs are entitled to refund of half of court fee paid on the plaint — Court Fees Act, 1870 — Section 16-A — Refund of court fees — Settlement before framing of issues — Transfer of Property Act, 1882 — Section 106 — Termination of lease and eviction.

(Para 6 & 8)

Nisha Gupta v. GKB Optolab Pvt. Ltd., CS (OS) 1597/2011 (01/11/2012), 2012(10) AD(Delhi) 205 [V.K. Jain, J.]

Entry Filed under: Judgements,Property Laws