COMPROMISE DEED TO BE FILED ALONGWITH JOINT APPLICATION

UNDER ORDER XXIII RULE 3 CPC BEFORE HON’BLE HIGH COURT

WHREBY A TENANT AGREED TO VACATE THE HOUSE TAKEN ON RENT
PURSUANT TO A LEASE DEED

NOTE. 1. TO BE TYPED ON STAMP PAPERS OF SUCH AMOUNT AS ARE

REQUIRED AS PER THE RELEVANT ARTICLE OF THE INDIAN
STAMP ACT 1899 AS APPLICABLE TO THE TERRITORY / STATE OF
EXECUTION.
2. IT IS ADVISABLE TO GET IT NOTARIZED AT THE PLACE OF
EXECUTION

This Compromise Deed is made on this ______ day of ___, ___

BETWEEN

Mr. ___, son of ___, Mrs. ___, wife of Mr. ___ and Miss ___, Daughter of Mr.
___, all residents of ________________ (hereinafter collectively referred to
as the “First Party”), which expression shall mean and include where the
context so admits, their respective heirs, legal representatives, administrators,
executors, nominees and assigns, of the ONE PART.
AND
Mr. _____, son of _____, presently residing at _____ (hereinafter referred to
as the “Second Party”), which expression shall mean and include where the
context so admits, include his heirs, legal representatives, administrators,
executors, nominees and assign) of the OTHER PART.

WHEREAS the First Party is the absolute and exclusive owner of residential
house constructed on residential plot bearing No. _____, Block No. __,
admeasuring, ___ sq.yds., situated in the residential colony known as _____,
Tehsil and District _____, _____, comprising of
_____________________________________ (hereinafter collectively
referred to as “the said House”).

WHEREAS the First Party had vide Lease Deed dated _____, granted lease to
the Second Party for the said House for a period of __ months commencing
from _____ to _____.

WHEREAS after the expiry of the said Lease Deed dated _____, certain
disputes arose between the Second Party and the First Party, and the Second
Party had filed a Civil Suit for Permanent & Mandatory Injunction against the
First Party, in the Court of Civil Judge, _____, which was dismissed by the
Additional Civil Judge (Sr. Divn.), _____, vide order dated _____, and during
the proceedings of the said Civil Suit, the Second Party paid to the First Party
an amount of Rs._____/- (Rupees _____ only) comprising of Cheque dated
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_____, for Rs._____/- (Rupees _____ Only), and Cheque dated _____, for
Rs._____/- (Rupees _____ Only), towards the Lease Rent due and payable till
_____.

AND WHEREAS a Decree Sheet dated _____ was prepared by the Civil Court
on _____.

WHEREAS the Second Party had filed a Civil Appeal bearing No.__ of ___
against the Order dated ____ of the Civil Judge in the Court of Addl. District
Judge, _____, which was dismissed on the basis of the Statement of the
Counsel of the Second Party, which is reproduced as under:-

“Under the instructions of appellant _____, I submit that the disputes

between the parties have been amicably settled. As per the terms of
settlement the Appellant will vacate the premises No. _______,
_____, _____ on ___. There is no balance outstanding to be paid by
the appellant to the respondent and in consideration to vacation of
above premises by the appellant on ___, respondent does not wish to
contest any further. The respondent will execute a fresh subsequent
lease deed in respect of the tenanted premises within ___ days from
today and the said lease deed shall expire on _____. Appeal may
kindly dismissed as withdrawn.
ADJ/ ____”

WHEREAS the Addl. District Judge passed the following Order dated ___ :-

“Learned counsel for the appellant made statement for withdrawal of

appeal. Learned counsel for respondent also put his signatures on the
statement of ld. counsel for appellant in token of correctness of
version of learned counsel for appellant. In view of statement made by
learned counsel for the appellant, present appeal is hereby dismissed
as withdrawn. File of appeal of consigned to the record room whereas
file of lower court be sent back after due compliance.
Announced.
ADJ/___
_____”
WHEREAS as per the aforesaid Order, the Second Party had agreed to vacate
the said House and handover the physical, vacant and peaceful possession of
the said House to the First Party on ___.

WHEREAS the Second Party, inspite of his undertaking dated ____, given
before the Ld. ADJ, _____, did not vacate the said house on ___, and the First
Party was constrained to file a CO.CP No. ____ of ___ in the Hon’ble ____ and
_____ High Court at Chandigarh, in which Hon’ble Justice _________ was
pleased to pass the following order on ___.
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“By this petition, initiation of contempt proceeding has been invoked

for violating order dated _____ (Annexure _____) passed by
Additional District Judge, _____ whereby, the appeal filed by the
respondent was dismissed as withdrawn in view of the statement
made by his counsel that the respondent would vacate the premises in
question by September _______.
Indeed the order passed by Additional District Judge, _____ is an
executable order. The petitioner should have approached that Court
for execution of the order dated September _____.
Dismissed
Sd/- (__________)
Judge
_________”

WHERAS the Second Party had also filed a Civil Revision Petition No. ____ of
___ in the Hon’ble _____ and _____ High Court in which Hon’ble Justice
Sabina, was pleased to pass the following Interim Order on ___.
“Learned Counsel for the petitioner has submitted that the Lease
money has already been paid upto_______ by the petitioner.
Notice of motion for_______.
Till then, dispossession of the plaintiff from the premises in dispute,
shall remain stayed.”
Sd/-
(______)
Judge”

WHEREAS during the pending of the Civil Revision Petition No.____ of ___, the
First Party and the Second Party have arrived at a compromise, whereby the
Second Party has agreed to vacate the said House and handover the physical,
vacant and peaceful possession of the said House to the First Party on the
evening of ____.

NOW THIS COMPROMISE DEED WITNESSETH AS UNDER:-

(i) That the Second Party shall vacate and handover the physical, vacant
and peaceful possession of the said House to the First Party, on the evening of
_______.

(ii) That the First Party shall not demand any further rent and/or any dues
towards the Lease Rent from the Second Party, as the First Party confirms that
all the accounts of the First Party, with the Second Party with regard to the
payment of Lease Rent are fully and finally settled till _____, and no further
payment is due from Second Party to First Party in respect of the Lese Rent.
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(iii) That the Second Party shall be responsible for and undertakes to clear
and pay all the dues of electricity charges and water charges till _______,
payable to the Electricity and Water authorities and, the Second Party shall
also be responsible for and undertakes to clear and pay all the dues of
Maintenance Charges till ______, to the Maintenance Authority.

(iv) That with the execution of this Compromise Deed (being a lawful
agreement), the claims of both the parties have been adjusted wholly, and the
Second Party undertakes to, and shall, vacate and hand over the physical,
vacant and peaceful possession of the said House to the First Party on the
evening of _______, and the First Party shall have the right to enter the said
House, on the evening of _______, without any hindrance by the Second Party
and / or his family members and /or representatives.

(v) That the Second Party undertakes not to either claim and/or to initiate
and/or file any further court cases for staying in the said house beyond
______, under any law of this land, meaning thereby that the Second Party
shall vacate and handover the physical, vacant and peaceful possession of the
said House to First Party, on the evening of ______.

(vi) That the Second Party undertakes to withdraw the Suit of Permanent
Injunction, in respect of the said House, filed by him on ___, in the Court of
Shri _______, Civil Judge, _____ and the Second Party undertakes not to
pursue the same any further.

(vii) That First Party and Second Party undertakes to abide by the terms and
conditions of this Compromise Deed, and the Second Party shall vacate and
handover the physical, vacant and peaceful possession of the said House to
First Party, on the evening of ______.

(viii) That the First Party and Second Party shall file a Joint Application under
Order XXIII Rule 3 of Civil Procedure Court, in the Civil Revision Petition
No._____ of ___, before the Hon’ble _____ and _____ High Court, in view of
this Compromise Deed, praying for disposal of the above Civil Revision Petition
No.___ of ___ in terms of this Compromise Deed, with a direction to the
Second Party to vacate and handover the physical, vacant and peaceful
possession of the said House to the First Party, on the evening of ______.

(ix) That in case the Second Party fails to vacate and handover the physical,
vacant and peaceful possession of the said House to the First Party, on the
evening of ______, then the Second Party in addition to being liable to be
evicted of the said House through the process of execution of the Court Order,
shall also be liable for Contempt of Court and punished in accordance with law.
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IN WITNESS WHEREOF these presents have been executed by the parties

hereto on the day, month and year first above written in the presence of
witnesses.

WITNESSES:

1. (_____)
First Party

2.
(_________)
Second Party