Dharmamurthi Rao Bahadur v. M/S.George Oakes Ltd.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :09.12.2015

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN C.S.No.913 of 1989 Dharmamoorthy Rao Bahadur Calavala Cunnan Chetty's Charities by their Trustees:-

1. M.Nammalwar Chetty

2. C.Ethiraj

3. J.Govindaswami

4. C.Emberumannar Gupta

5. C.N.Alwar Chetty

6. M.V.Cunniah Chetty

7. C.Venkathachalam

8. V.Sethuram

9. V.R.Bakthavatsalam 10.T.Ramachandra ... Plaintiffs ...Vs...

M/s.George Oakes Limited 17, Greams Road, Madras-600 006.

... Defendant PRAYER: Plaint under Order IV, Rule 1 of the Original Side Rules read with Order VII Rule 1 of C.P.C. praying to pass a judgment and decree against the defendant to direct the defendant to quit and deliver vacant possession of the land and ground bearing Corporation door No.35/5, Mount Road, Madras-2 measuring an extent of

about 5 grounds 2301 sq.ft more fully described in the schedule hereunder to the plaintiff herein, to direct the defendant to pay by way of damages for wrongful use and occupation of the property mentioned in the schedule hereunder the sum of rate of Rs.1,500/- per day from the date of plaint till the date of delivery of vacant possession to the plaintiff herein and to pay the costs of this suit.

For Plaintiff : Mr.Srinath Sridevan For Defendant : Mr.P.Ranganatha Reddy for M/s.King and Patrige

JUDGMENT

A memorandum of compromise came into being between the parties and a joint memorandum of compromise dated 25.11.2015 has been filed.

2. This Court heard the submissions of the learned counsel for the plaintiff and the learned counsel for the defendants, who would pray, in the light of the memorandum of compromise, this suit can be decreed and also prayed for refund of court fee.

3. In the result, the suit is decreed in terms of the memorandum of compromise dated 25.11.2015. Refund of Court fee is subject to entitlement. The original joint

memo of compromise dated 09.12.2015 in D.No.46572 of 2015 shall form part of the record and decree. No costs. sd/.M.S.N.J 09.12.2015 //Certified to be a true copy// Dated this the day of 2015.

R.s/21.12.2015 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.