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Madras High CourtCRP/2434/2019dismissed as settled out of court

R.Uma v. Vasantha

2021-12-13Honourable Mr Justice S.S. Sundar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRP.(NPD).Nos.2434 & 2438/2019 and CMP.No.15921/2019 [Video Conferencing] R.Uma .. Petitioner in both petitions Vs.

Vasantha .. Respondent in both petitions Prayer in CRP.No.2434/2019:- Civil Revision Petition filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent) Control Act, 1960 to set aside the order and decreetal order dated 28.03.2019 and made in R.C.A.No.596/2014 on the file of the learned VIII Judge, Court of Small Causes (Rent and Control Appellate Authority), Chennai confirming the order and decreetal order dated 11.08.2014 in M.P.No.240/2014 in RCOP.No.1575/2013 on the file of the learned XVI Judge of Court of Small Causes, Chennai.

Prayer in CRP.No.2438/2019:- Civil Revision Petition filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent) Control Act, 1960 to set aside the order and decreetal order dated 28.03.2019 and made in R.C.A.No.236/2016 on the file of the learned VIII Judge, Court of Small Causes (Rent and Control Appellate Authority), Chennai confirming the fair and decreetal order dated 15.09.2014 in RCOP.No.1575/2013 on the file of the learned XVI Judge of Court of Small Causes, Chennai. 1/5

For Petitioner in both petitions :

M/s.S.Sasikala For Respondent in both petitions :

Mr.R.Sundaramurthy COMMON ORDER (1) CRP.No.2434/2019 is directed against the order and decreetal order dated 28.03.2019 made in R.C.A.No.596/2014 on the file of the learned VIII Judge, Court of Small Causes (Rent and Control Appellate Authority), Chennai, confirming the order and decreetal order dated 11.08.2014 made in M.P.No.240/2014 in RCOP.No.1575/2013 on the file of the learned XVI Judge of Court of Small Causes, Chennai.

(2) CRP.No.2438/2019 is directed against the order and decreetal order dated 28.03.2019 made in R.C.A.No.263/2016 on the file of the learned VIII Judge, Court of Small Causes (Rent and Control Appellate Authority), Chennai, confirming the order and decreetal order dated 15.09.2014 made in RCOP.No.1575/2013 on the file of the learned XVI Judge of Court of Small Causes, Chennai. 2/5

(3) The learned counsel appearing for the revision petitioner as well as the learned counsel appearing for the respondent produced before this Court a Joint Compromise Memo dated 20.09.2021 signed by the parties in presence of their respective counsels. It is stated that the parties have agreed to get a disposal in terms of the said Compromise Memo.

(4) The terms of Compromise Memo are as follows:

(1)The Petitioner/Tenant requested the Respondent/Landlord to grant further time for one year to vacate and handover the vacant possession of the tenancy portion i.e. From 11.09.2021 to 10.09.2022 and for the period of one year, the petitioner/tenant has also agreed to pay monthly rent of Rs.7,500/- per month towards monthly rent for the said one year and she further assured to pay the monthly rents on or before every 10th of succeeding English calendar month to the RespondentLandlord, till 10.09.2022.

(2)On the request of the petitioner/tenant, the respondent/landlord waived the rental due of monthly rent of Rs.5,94,000/- payable by the petitioner/tenant to the landlord (for the period from September, 2011 to August, 2021 - 119 month's 3/5

rent).

(3)The petitioner/tenant further has agreed that she will vacate and handover vacant possession of the premises measuring an area of about 900 Sq.ft. building with common area, situated in Ground floor, at No.4/15, New Postal Colony, T.Nagar, Chennai - 600 017, within a year i.e. 10.09.2022 without making any further claim or time against the respondent/landlord in future.

(5) Accordingly, the above terms of Compromise Memo dated 20.09.2021 are recorded and the Civil Revision Petitions are disposed of in terms of the said Compromise Memo jointly submitted by the parties in both the Civil Revision Petitions. (6) The parties have agreed that the landlord can proceed in case tenant fails to comply with the conditions/terms. It is open to the landlord to proceed with the Execution Petition in such case. No costs. Consequently, connected Civil Miscellaneous Petition is closed. 13.12.2021 cda Internet : Yes To 1.The VIII Judge, Court of Small Causes (Rent and Control Appellate Authority), Chennai. 4/5

2.The XVI Judge of Court of Small Causes, Chennai. S.S.SUNDAR, J., cda 13.12.2021 5/5