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2013 DIGILAW 2526 (MAD)

C. P. Achuthan v. E. Shamsudeen (Deceased)

2013-07-18

K.RAVICHANDRA BAABU

body2013
JUDGMENT :- The tenant is the petitioner. He is aggrieved against the order of eviction. Today a memo of compromise is filed before this Court signed by both the petitioner and the respondent and the terms of which are as follows: 1. It is agreed between the parties that the petitioner-tenant is granted 15 months time from today to vacate the petition premises, i.e., the tenant should vacate and deliver vacant possession of the petition premises on or before 18th of October 2014, subject to the respondent repaying the advance amount of Rs.25,000/-(Rupees Twenty Five thousand only) and Rs.40,000/-(Rupees Forty thousand only) being the balance amount due to the petitioner-tenant in full and final settlement of decree in O.S.No.4159 of 2006 (thus the total sum is Rs.65,000/- Rupees Sixty Five thousand only) at the time of petitioner's vacating and handing over the possession of the petition premises. The petitioners hereby undertakes to deliver possession on or before 18.10.2014. 2. On receipt of the amount specified in clause 1 above the petitioner should deliver vacant possession of the premises, viz., Shop No.1 in the ground floor, door No.27, Grama Street, Purasawakkam, on or before the said date viz., 18.10.2014 to the respondent-landlord. 3. If despite the respondent complying with his obligations under clause supra if the petitioner fails to vacate and deliver vacant possession of the petition premises, the respondent is at liberty to execute the order of eviction passed in R.C.O.P.No.2058 of 2003 and recover possession of the petition premises. 4. The above CRP may be dismissed in terms of the above compromise. There shall be no order as to costs. 5. The parties have no other or further claims against each other. 2. The learned counsel appearing on either side submitted that an order may be passed recording the said memo of compromise accordingly. 3. This Civil Revision Petition is dismissed by recording the memo of compromise filed by the parties by directing them to adhere to the terms of compromise without any default. It is made clear that the petitioner/tenant should vacate and hand over vacant possession of the petition premises to the respondent/landlord on or before 18th October 2014. The landlord should repay the advance amount of Rs.65,000/- to the petitioner/tenant at the time of vacating the premises. No costs. Consequently connected miscellaneous petition is closed.