Madras High CourtCRP/4318/2018disposed of in memo of compromise

M.Dharmaraj v. V.R.Srinivasan

2020-01-08Honourable Mr Justice V. Bharathidasan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.01.2020

CORAM

THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN C.R.P.NPD.No.4318 of 2018 M. Dharmaraj ... Petitioner Vs.

1. V.R.Srinivasan

2. V.R.Shankar ... Respondents Prayer:- This Civil revision has been filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act 18/1960 as amended ) against the fair and final order passed in R.C.A.No.602 of 2015 by the learned VIII Judge, Court of Small Causes( appellate authority) Chennai on 24.09.2018, confirming the order of the learned rent controller in RCOP NO.62 of 2013 on the file of the XIV Judge, Court of Small Causes, Chennai dated 31.07.2015 For petitioner : Mr. Balasubramanian M For respondents : Mr. R. Santhanam 1/6

O R D E R

This revision has been filed against the order passed in RCA.No.602 of 2015 on the file of the VIII Small Causes Court, Chennai, confirming the order of eviction passed by the learned XIV Small Causes Judge, Chennai in RCOP NO.62 of 2013.

2. Earlier notice was ordered to the respondents. Today, when the matter is taken up for hearing, the learned counsel for the petitioner as well as the respondents submitted that pending Revision, the parties have arrived at a settlement between themselves and also entered into a compromise and also filed a Joint Memo of compromise to that effect. The memo of compromise is duly signed by the petitioner and respondents and their respective counsel. The counsel appearing for the parties submitted that the Civil Revision Petition may be disposed of as per the terms of the compromise memo, and the terms of the compromise memo reads as follows :- " 1. The petitioner agreed to handover the petition shop Nos.2 and 3 in the ground floor of the petition premises and also the second floor residential portion in occupation of the 2/6

petitioner in the petition premises to the respondents.

2. The respondents agreed to forego the arrears of rents for the period from April 2019 to December 2019 amounting to Rs.1,26,776/- deducting the advance amount of Rs.15,847/- in respect of the petition shops Nos.2 & 3 in the ground floor of the petition premises and also the arrears of rents for the period from January 2019 to December 2019 amounting to Rs.9000/- deducting the advance amount of Rs.15,000/- in respect of the second floor portion in occupation of the petitioner in the petition premises.

3. The petitioner today (i.e.

08.01.2020) has vacated and handed over the vacant possession of the petition shop Nos. 2 & 3 in the ground floor of the petition premises and also the second floor residential portion in occupation of the 3/6

petitioner in the petition premises to the respondents.

4. The petitioner and the respondents have no mutual claim against each other. "

3. Today the petitioner and the respondents present. They have also agreed that they have settled the dispute between themselves.

4. Considering the fact that the matter has been settled between the parties, the Civil Revision Petition is disposed of in terms of the compromise memo. The said compromise memo shall form part of the order. No costs. Consequently, connected miscellaneous petition is closed.

08.01.2020 mrp Index : Yes/No Internet : Yes/No Speaking order/non speaking order 4/6

1. The VIII Judge, Small Causes Court, Chennai

2. The XIV Judge, Small Causes Court, Chennai.

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V.BHARATHIDASAN, J., mrp C.R.P.NPD.No.4318 of 2018 08.01.2020 6/6