M/S New Foam House v. M/S Vijaya Shanthil Builders

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.02.2015

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM C.R.P.(NPD).No.3353 of 2014 and M.P.Nos. 1 & 2 of 2014 M/s.New Foam House, Ground floor, Old No.36, New No.50, Halls Road, Egmore, Chennai - 600 008.

....

Petitioner Vs.

M/s. Vijay Shanthi Builders Ltd., Rep. by its Managing Director, Mr.Suresh Kumar, No.3, Blacker's Road, Mount Road, Chennai - 600 002.

....

Respondent PRAYER : Civil Revision Petition filed under Section 25 of Tamil Nadu Buildings (Lease and Rent Control) Act 18 of 1960 as amended by Act 23 of 1963 against the order and decretal order dated 14.03.2014 in R.C.A.No.217 of 2009 on the file of IX Judge, (Appellate Authority), Court of Small Causes, at Chennai, Modifying the order and decretal order dated 30.01.2008 in R.C.O.P.No.2497 of 2005 on the file of XI Judge, (Rent Controller), Court of Small Causes, Chennai.

For Petitioner :

Mr. T.Viswanatha Rao For Respondent :

Mr. R.Parthasarathy

O R D E R

It is represented by the learned counsel for the petitioner as well as the respondent that the matter was already settled and the parties have also signed in the compromise memo. The learned counsel for the petitioner has also made an endorsement to that effect in the civil revision petition.

2. It is submitted that the tenant agreed to vacate and hand over possession to the landlord on or before 30.06.2015. It is also further submitted that the landlord has agreed to pay a sum of Rs.10,00,000/- to the tenant at the time of handing over possession of the petition premises.

3. Further, as per the order of this Court dated 24.09.2014, the petitioner has deposited a sum of Rs.5,08,672/- to the credit of R.C.O.P.No.2497 of 2005. The respondent has no objection for the petitioner to withdraw the amount.

4. Accordingly, this civil revision petition is dismissed as withdrawn. The tenant is permitted to withdraw the amount of Rs.5,08.672/-, which was deposited in RCOP.No. 2497 of 2005 with accrued interest thereon. No costs. Consequently, connected miscellaneous petitions are closed.

27.02.2015 sms To

1. The IX Judge, (Appellate Authority), Court of Small Causes, at Chennai.

2. The XI Judge, (Rent Controller), Court of Small Causes, Chennai.

K.KALYANASUNDARAM,J.

sms C.R.P.(NPD).No.3353 of 2014 and M.P.Nos. 1 & 2 of 2014 27.02.2015