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Madras High CourtCS/469/2013decreed

S.Nazir Ahamed And Another v. Vasu And Another

2018-01-09Honourable Mr Justice R. Subramanian4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.01.2018

CORAM

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN C.S.No.469 of 2013 1.S.Nazir Ahmed 2.S.Subhan ... Plaintiffs ..Vs..

1.Vasu 2.Mohan ... Defendants Plaint filed under Order IV Rule 1 of O.S. Rules under Order VII Rule 1 of C.P.C. praying to pass a judgment and decree:- a)Directing the defendants to vacate and handover the out-house portion more fully described in the Schedule 'B' hereunder to the Plaintiffs.

b)Direct the Defendants jointly and severally to pay Rs.3,60,000/- towards for use and occupation, for the past three years. c)Direct the Defendants jointly and severally to pay Rs.20,000/- per month towards damages for use and occupation, from the date of

filing of this suit, till the date of decree and at the same rate till the date of Defendants handing over the vacant possession of the suit 'B' Schedule property to the Plaintiffs.

d)Directing the Defendants to pay the Plaintiffs the costs of the suit.

For Plaintiffs : Mr.P.B.Balaji For Defendants : Mr.G.Arul Prasad

J U D G M E N T

Parties have settled the matter and a Joint Compromise Memo has been filed. The suit is decreed in terms of the Joint Compromise Memo. The Joint Compromise Memo shall form part of the decree. Parties shall bear their own costs in the suit. Index : Yes/ No Internet : Yes/ No Speaking Order/ Non-speaking Order To The Sub Assistant Registrar, Original Side, High Court, Madras.

List of the witnesses examined on the side of the plaintiff: P.W.1 - S.Sushan List of Exhibits marked on the side of the plaintiff: S.No. Exhibits Date Description of Documents P-1 21.01.2005 The original agreement of sale deed. P-2 06.12.2005 The original supplementary agreement. P-3 28.01.2009 The certified copy of the sale deed. P-4 -- The original encumbrance certificate.

P-5 -- The certified copy of the plaintif in C.S.No.440/2006.

P-6 --- The certified copy of the written statement in C.S.No.440/2006.

P-7 --- The photocopy of the Metro Water Tax Card.

P-8 -- The photocopy of the property tax card.

P-9 -- The sketch plan.

List of the witnesses examined on the side of the defendant: D.W-1 D.Mohan List of Exhibits marked on the side of the defendant: Nil.

R.SUBRAMANIAN, J.

C.S.No.469 of 2013