Madras High CourtCRP/4759/2014disposed of

R.Ravi v. Rajakumari

2015-07-02Honourable Mr Justice B. Rajendran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.7.2015

CORAM

THE HONOURABLE MR.JUSTICE B.RAJENDRAN CRP.No.4759 of 2014 & MP No.1 of 2014 R.Ravi .. Petitioner vs.

Rajakumari ... Respondent Civil Revision Petition filed under Section 25 of the Tamil Nadu Building (Lease and Rent) Control Act No. 18 of 1960 to set aside the order dated 29.10.2014 in RCA No.447 of 2013 passed by the IX Judge Small Causes Court at Chennai and thereby confirming the order passed by the Rent Controller XI Judge Small Causes Court at Chennai order dated 31.7.2013 made in R.C.O.P.No.429 of 2011, by allowing this CRP.

For Petitioner :

Mr.R.Manickavel For Respondent : Mr.S.Raghavan

ORDER

The prayer in the Civil Revision Petition is to set aside the order dated 29.10.2014 in RCA No.447 of 2013 passed by the IX Judge Small Causes Court at Chennai and thereby confirming the order passed by the Rent Controller XI Judge Small Causes Court at Chennai made in R.C.O.P.No.429 of 2011, by allowing this CRP.

2. This Civil Revision Petition was referred for mediation to Tamil Nadu Mediation and Conciliation Centre, High Court, Madras.

3. A communication dated 30.06.2015 of the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, enclosing a copy of its report dated 24.03.2015 has been received, wherein it is stated as follows:- "Petitioner and Respondent appeared before the Centre along with their counsel. Parties arrived at an amicable settlement as per the terms in the Mediation Agreement enclosed herewith. Hence the matter is sent back to the Hon'ble Court".

4. As the parties have arrived at a settlement in terms of the mediation agreement dated 24.3.2015, this petition is listed for passing of an order in terms of the agreement.

5. The Mediation agreement dated 24.3.2015, signed by the parties and their respective counsel reads as follows:- "1. The Respondent has today 24.03.2015 paid a sum of Rs.80,000/- (Rupees Eighty thousand only) to the Petitioner for surrender of tenancy by the Petitioner relating to the portion in his occupation and described in the schedule hereunder (being the subject matter of the above CRP)

2. The Petitioner acknowledges the receipt of the sum of Rs.80,000/- (Rupees Eighty thousand only) by way of Demand Draft bearing No.846034 dated 24.03.2015 drawn on Indian Bank, Valsaravakka Branch, Chennai, paid by the Respondent.

3. In consideration of the sum of Rs.80,000/- (Rupees Eighty thousand only) received by him, the Petitioner has vacated the surrendered vacant possession of the portion in his occupation and the Petitioner has handedover the Key as well as E.B.Card and described in the schedule hereunder (being the subject matter of the above CRP) to the Respondent.

4. The Petitioner and the Respondent have no further claims against one another in respect of the portion described in the schedule hereunder.

5. The Petitioner undertakes to withdraw the above CRP as not pressed.

6. In terms of the settlement arrived at between the parties which is recorded under the agreement in terms of the report dated 24.3.2015 from the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, this Civil Revision petition is disposed of recording the terms of agreement. The terms of agreement and the report of the Mediation Centre shall form part of the order. Consequently, connected Miscellaneous Petition is closed. ga s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar

1. The IX Judge Small Causes Court at Chennai.

2. The XI Judge Small Causes Court at Chennai.

3. The Section Officer, V.R.Section, High Court, Madras. ala(co) prk20/8 CRP.No.4759 of 2014