M/S Swaraj Enterprises v. The Asst Commissioner(Ct)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 13.08.2018 CORAM :
THE HONOURABLE MR. JUSTICE M.S.RAMESH CRP.(NPD).Nos.751 & 752 of 2015 1.M/s.Top in Town Dry Cleaners rep. by its Partners.
2.D.Jayaraman 3.C.V.Jayapalan 4.C.V.Sivasubramanian 5.C.V.Manigandan 6.P.S.Sankaranarayanan 7.D.Premkumar 8.D.Dilip Kumar 9.D.Kishore Kumar ..Petitioners/Respondents in both petitioners V.
1.M.Rajagopal Iyer (deceased) 2.R.Srinivasan 3.R.Ragunathan 4.R.Bhaskaran 5.R.Sankaran 6.R.Vasantha 7.R.Uma 8.R.Rama 9.R.Rajeswari 10.R.Radha (R2 to R10 impleaded as LRS as per order dated 22/03/2006 in MP.NO.505/2006).. Respondents/Petitioners in both petitioners
COMMON PRAYER : Civil Revision Petitions are filed under Section 25 of Tamil Nadu Buildings Lease & Rent Control Act against the decree and judgments in RCA.Nos.409 & 435 of 2006 dated 09.10.2014 on the file of the learned VIII Small Causes Court/Appellate Authority, Chennai, as modified the judgment and decree dated 07.02.2006 made in RCOP.No.629 of 2005 on the file of the learned XI Small Causes Court/Rent Controller, Chennai.
For Petitioners :
Mr.M.Sriram in both CRPs.
For Respondent : Mr.P.K.Sivasubramaniam Nos.2, 6, 8 & 10 For Respondent : No Appearance Nos.3 to 5, 7, 9 C O M M O N O R D E R When the matter came up for hearing today, it is represented by both the learned counsels appearing for the parties that the dispute among the parties have been amicably settled and they had also filed a memo to that effect. Memorandum of compromise entered into between the parties dated 31.03.2018 reads as follows:
Between M/s.Top-in-Town Dry Cleaners, Carrying on business at No.345, Arcot Road, Kodambakkam, Chennai-600 024, hereinafter called the party of the First Part/Tenant 1.M/s.Top in Town Dry Clearners Chennai Partners.
2.D.Jayaram (Aadhar Card No. ) No.119, Purasaivakkam High Road, Chennai-600 010.
3.C.V.Jayabalan (Aadhar Card No. ) Plot No:16, Old No.20A, Kellys Road, Chennai-600 010.
4.C.V.Sivasubramaniyan (Aadhar Card No. ) No.7, New No.16, Abirami Street, Purasaivakkam, Chennai-600 084.
5.C.V.Manikandan (Aadhar Card No. ) 6.D.Prem Kumar (Aadhar Card No. ) 7.D.Dhilip Kumar (Aadhar Card No. )
8.D.Kishore Kumar (Aadhar Card No. ) (6,7,8) persons living together in No.119, Purasaivakkam High Road, Chennai-600 010.
And Mr.R.Srinivasan Hereinafter called the party of the second part/transferee Whereas the party of the first parties the statutory tenant of a front side ground floor shop in premises no:345, Arcot Road, Kodambakkam, Chennai-600 024 on a monthly rent of a Rs.6565/- belonging to R.Srinivasan and this brothers and sister of R.Srinivasan being the legal heirs of late M.Rajagopal Iyer and whereas the party of the first part has negotiated to surrender the lease of the schedule mentioned property to the party of the second part on payment of the sum of Rs.1,00,000/- as parting compensation to vacate and R.Srinivasan deliver vacant possession of the schedule mentioned property to the party of the second part as such transferee and agrees to surrender the tenancy to the party of the second part in the following terms:
Now this Memorandum Witness that in consideration of the sum of Rs.1,00,000/- paid by cash by the party of the second part as parting compensation to the party of the part the receipt of which sum of the party of the first part/tenant hereby admit and acknowledge and in consideration of the said payment, the party of the first part hereby surrender the lease of schedule mentioned property and hereby handover vacant possession of the schedule mentioned to the property of the second part to obtain the surrender of tenancy in his favour and the party of the first part hereby declare that they have delivered vacant possession to the party of the second part and hereby declare that they have right to claim any right whatsoever the schedule mentioned property and hereby agree for the transfer of tenancy by owner of the property in favour of the party of the second part.
Schedule of Property Front side ground floor shop in premises no.345, Arcot Road, Kodambakkam, Chennai-600 024.
IN WITNESS WHEREOF THE PARTIES HERETO HAVE SET AND SUBSCRIBED THEIR HANDS AND SIGNATURE ON THE DAY MONTH AND YEAR FIRST ABOVE WRITTEN.
Witness Party of the First Part for Top in Town Dry Cleaners signed Party of the Second Part signed From R.Srinivasan Son of M.Rajagopal Iyer, Residing at No.13, Big Bazaar Street, Koothanallur-614 101.
To M/s.Top-in-Town Dry Cleaners, Rep. by this partners.
Sir, I view of settlement arrived between us, I hereby waive the difference in fair rent and agreed rent. I have no claim against you.
Yours faithfully, signed.
2.Recording the memo of compromise dated 31.03.2018, the Civil Revision Petitions stand closed. No costs. Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar DP To 1.The VIII Judge, Small Causes Court/ Appellate Authority, Chennai.
2.The XI Judge, Small Causes Court/ Rent Controller, Chennai.
3. The Section Officer, VR Section, High Court, Madras.
+ 2 ccs to Mr. Sriram, Advocate Sr.56350 + 1 cc to Mr.P.K. Sivasubramaniam, Advocate SR.56300 CRP.(NPD).Nos.751 & 752 of 2015 KK(CO) EU(14/09/2018)