D. Ganesan v. M. Selvam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 21.04.2025

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA

1. D.Ganesan

2. G.Malathi

...Petitioners

Vs M.Selvam

...Respondent

Prayer:- Civil Revision Petition has been filed under Section 25(1) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 to set aside the fair and decretal order passed in R.C.A.No.700 of 2005 dated 23.06.2023 passed by the learned VIII Judge, Court of Small Causes, Chennai (Rent Control Appellate Authority) confirming the fair and decretal order passed in R.C.O.P.No.2167 of 2004 dated 21.03.2005 passed by the learned XIV Judge, Court of Small Causes, Chennai (Rent Controller).

For Petitioner : Mr.S.Sivakumar for M/s.V.Ramesh Babu For Respondent : Mr.Ashok Menon 1/ 5

ORDER

This petition has been filed against the judgment and decree passed by the VIII Judge, Court of Small Causes, Chennai in R.C.A.No.700 of 2005 dated 23.06.2023.

2. The revision petitioners are the landlords and the respondent is the tenant. The landlords filed R.C.O.P.No.2167 of 2004 to direct the tenant to quit and deliver the vacant possession and the learned XIV Judge, Small Cause Court, Chennai vide order dated 31.03.2005 dismissed the said petition. Aggrieved over the same, the petitioners/landlords filed appeal in RCA.No.700 of 2005 and the learned Appellate Judge, vide order dated 23.06.2023 dismissed the appeal. Against which, the present Civil Revision Petition has been filed.

3. Pending Civil Revision Petition, the parties have arrived at a settlement and the issue between them has been amicably settled. Pursuant to which, a joint memo of compromise dated 26.03.2025 signed by both the parties and the respective counsel has been filed before this 2/ 5

Court, which reads as follows:

"1. The petitioners have filed the above CRP against the judgment and decree dated 23.06.2023 passed by the learned VII Judge Court of Small Causes, Chennai in RCA.No.700 of 2005 confirming the judgment and decree passed by the learned XIV Judge, Court of Small Causes, Chennai in RCOP.No.2167 of 2004.

2. The parties herein submit that the petition premises belongs to the petitioners herein and the respondent herein is a tenant therein and that the petitioners and respondent have arrived at an amicable settlement and have entered into a fresh shop rental agreement dated 16.09.2024 as per which the petition premises has been demised to the respondent for 11 months, that is from 16.09.2024 to 15.08.2025.

3. As nothing further survives in the above CRP it is prayed that this Hon'ble Court may be pleased to record this Compromise Memo, jointly filed by the petitioners and respondent in the above CRP, and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice."

4. In view of the above settlement between the parties, the Civil Revision Petition stands disposed of in terms of the joint memorandum of compromise. The memorandum of compromise, dated 26.03.2025 shall 3/ 5

form part of the order. No costs.

21.04.2025 Index : Yes/No Internet : Yes/No Speaking Order : Yes/No pvs To

1. VIII Judge, Court of Small Causes, Chennai

2. XIV Judge, Court of Small Causes, Chennai 4/ 5

A.D.JAGADISH CHANDIRA J.

pvs 21.04.2025 5/ 5