F. Aslam Baig v. Mohamed Rafiq

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.11.2019

CORAM:

THE HONOURABLE Mr. JUSTICE R. SURESH KUMAR C.R.P.(NPD).No. 2742 of 2016 F.Aslam Baig ... Petitioner -VsMohamed Rafiq ...

Respondent Prayer : Petition filed under Article 227 of the Constitution of India against the Judgment and Decree passed in RCA.No. 401 of 2014 dated 20.06.2016 on the file of IX Judge, Small Causes Court, Chennai by reversing the fair and decreetal order passed in RCOP No. 1920 of 2012 dated 14.07.2014 on the file of the XI Judge, Small Causes Court, Chennai.

For Petitioner : Mr.L.Murali Krishnan For Respondent : M/s.Sai & Bharath

O R D E R

This Civil Revision Petition has been filed against the fair and decreetal order passed by IX Judge, Small Causes Court, Chennai, cum Rent Controller Appellate Authority in RCA No. 401 of 2014, wherein the 1/4

order passed in RCOP.No. 1920 of 2012 is under Challenge.

2. The Revision Petitioner is the tenant and the respondent is the landlord and aggrieved by the judgment dated 20.06.2016 in R.C.A.No.401 of 2014, the Revision Petitioner/Tenant has come before this Court by way of filing the present Civil Revision Petition.

3. When the case is taken up for hearing today, both the sides made a joint submission that the issue has been settled between them and a compromise has been reached, which has been reduced into a Compromise Memo, dated 14.11.2019, according to which, the tenant has vacated the premises. Therefore, the learned counsel appearing on both sides wanted to record the same and dispose of the C.R.P.

4. I have gone through the Joint Memo of Compromise dated 14.11.2019 entered into between the parties, where both the petitioner as well as the respective counsel consented to the following terms. The Joint Memo of compromise reads as follows;

1. The petitioner has vacated and handed over the petition premises being the commercial shop at No.G-6, Sreeiji Majestic Commercial Complex, Omni Bus Stand Entrance, Koyambedu, Chennai - 600 107 to the respondent today.

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2. The respondent has paid a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) to the petitioner in full and final settlement of all the claims of the petitioner on receipt of which the petitioner has vacated and handed over vacant possession of the tenanted premises to the respondent. The petitioner and the respondent have no claims against each other in any manner.

3. It is therefore prayed that this Hon'ble Court may be pleased to record this memo of compromise in the above CRP.

5. In view of the above, there is no further issue to be decided in this Revision Petition. Accordingly, this Revision Petition is disposed of with the following order;

The Joint Memo dated 14.11.2019, entered into between both the parties and signed by them is taken on record.

6. Recording the Joint Memo of Compromise, the present Civil Revision Petition is disposed of. However, there shall be no order as to costs.

14.11.2019 Index: Yes / No 3/4

Speaking order / Non speaking order kmm R. SURESH KUMAR, J.

kmm To

1. The learned IX Judge, Small Causes Court, Chennai

2. The learned XI Judge, Small Causes Court, Chennai.

C.R.P.(NPD).No. 2742 of 2016 14.11.2019 4/4