Prince Aluminum Agencies v. M.H.Mohamed Samiullah (Deceased) M.H.Mohamed Tariq Hussain

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 25.09.2024

CORAM

THE HONOURABLE Mr. JUSTICE A.D. JAGADISH CHANDIRA, J. & C.M.P.No.17361 of 2024 Prince Aluminum Agencies Rep. by its Sole proprietor P.I.A.Zahir Hussain No.210, Devaraja Mudali Street, Chennai - 600 001.

...Petitioner

Vs.

M.H.Mohamed Samiullah (deceased) M.H.Mohamed Tariq Hussain

...Respondent

Prayer: Petition is filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, against the order passed in R.C.A.No.28 of 2021 dated 01.03.2024 on the file of the IX Small Causes Court, Chennai, confirming the order dated 14.12.2020 passed in R.C.O.P.No.1607 of 2016, on the file of the XIV Small Causes Court, Chennai.

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For Petitioner :

Mr.J.Abdul Hadi For Respondent :

Mr. R.Krishnan

ORDER

This Civil Revision Petition challenges the order passed in R.C.A.No.28 of 2021 dated 01.03.2024 on the file of the IX Small Causes Court, Chennai, confirming the order dated 14.12.2020 passed in R.C.O.P.No.1607 of 2016, on the file of the XIV Small Causes Court, Chennai.

2. Both the parties have entered into a compromise and they have also filed a joint compromise memo into this Court. The joint memorandum of compromise dated 25.09.2024 would read as follows: "1.It is jointly submitted that the petitioner / Tenant in the above C.R.P undertake to vacate and handover vacant possession in respect of property bearing Door 2/7

No.210, Devaraj Mudali Street, Chennai - 600 001, consisting of Ground Floor, First Floor and Second Floor to the respondent herein / Landlord on or before 28.02.2025.

2.The respondent / Landlord agrees to return the entire rental advance of Rs.4,50,000/- at the time of handing over of vacant possession along with keys as per terms and conditions specified in the rental agreement. 3.The petitioner / tenant shall continue to pay the agreed rent without default until 28.02.2025. If the petitioner/ tenant fails to vacate and handover vacant possession on or before 28.02.2024, the petitioner / tenant shall be liable to pay damages at the rate of Rs.50,000/- per month from the month of March 2025 to till date he delivers the vacant possession of the subject property to the respondent / landlord and also the respondent is liberty to proceed further accordance with 3/7

law."

3. The learned counsels submit that the Civil Revision Petition may be disposed of in terms of the joint memorandum of compromise.

4. Accordingly, the Civil Revision Petition is disposed of in terms of the joint memorandum of compromise. The joint memorandum of compromise shall form part of the Court records. Consequently, the connected miscellaneous petition is closed. No costs.

25.09.2024 Index : Yes/No Internet : Yes/No kan 4/7

To 1.The IX Small Causes Court, Chennai.

2.The XIV Small Causes Court, Chennai.

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A.D. JAGADISH CHANDIRA, J.

kan 6/7

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