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Madras High CourtCRP/3647/2017allowed

Sooriaprabha v. A.K.Velayudham(Died)

2018-08-28Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH C.R.P.(NPD)Nos.3647 and 3648 of 2017 Sooria Prabha ... Petitioner/Land Lord (in both CRPs) Vs.

1. A.V. Manumon

2. A.V. Prabha ... Respondents/Tendants (in both CRPs) Prayer in CRP No.3647 of 2017:

Civil Revision Petition filed under Section 25 of the T.N.B (Lease & Rent Control) Act 1960 against fair and decreetal order of the Rent Control Appellate Authority [Principal Subordinate Judge], Coimbatore, dated 29.04.2017 in R.C.A.No.4 of 2015 Reversing the fair and decreetal order of the Rent Controller [Principal District Munsif], Coimbatore, dated 21.06.2013 in R.C.O.P.No.267 of 2007 and to set aside the same. Prayer in CRP No.3648 of 2017:

Civil Revision Petition filed under Section 25 of the T.N.B (Lease & Rent Control) Act 1960 against fair and decreetal order of the Rent Control Appellate Authority [Principal Subordinate Judge], Coimbatore, dated 29.04.2017 in R.C.A.No.19 of 2015 REVERSING the fair and decreetal order of the Rent Controller [Principal District Munsif], Coimbatore, dated 20.11.2014 in R.C.O.P.No.193 of 2005 and to set aside the same. For Petitioner : Mr.P.Valliappan (in both CRPs) For Respondents-1&2 : Mr.M. Velmurugan (in both CRPs) C O M M O N O R D E R Pending the Civil Revision Petitions, now the parties have amicably resolved the dispute among themselves and have entered into Memo of Compromise, dated 04.06.2018 is produced before this Court which reads as follows:- a) The parties having entered into a fresh https://hcservices.ecourts.gov.in/hcservices/

Lease Agreement dated 07.04.2018, superseding the earlier Lease and that the same may be construed as part and parcel of this Memo of Compromise.

b) The respondents agree to pay a sum of Rs.55,000/- per month to the petitioner for the lease period of 11 months as per the Lease Agreement dated 07.04.2018 and agree to pay 10% enhanced rent in the event of renewal of the said lease.

c) The respondents agree to vacate the tenement on the expiry of the lease period fixed under the Lease Agreement dated 07.04.2018 without driving the petitioner to any further litigation.

d) The respondents agree that both the above Civil Revision Petitions may be allowed.

2. Recording the terms of the Memo of Compromise dated 04.06.2018, both the Civil Revision Petitions stand allowed. The terms of the Memo of Compromise shall form part of the decree. No costs.

Sd/- Assistant Registrar(CS-VI) //True copy// Sub Assistant Registrar msm To

1. The Principal Subordinate Judge, The Rent Control Appellate, Authority,Coimbatore.

2. The Rent Controller, Principal District Munsif, Coimbatore.

+2cc to Mr.P.Valliappan, Advocate SR.No.59052 C.R.P.(NPD)Nos.3647 and 3648 of 2017 GMY(15/10/2018) https://hcservices.ecourts.gov.in/hcservices/