Research › Search › Judgment

Madras High Court · body

2013 DIGILAW 2865 (MAD)

G. Subramanian v. S. V. Yuvaraj Kumar

2013-08-06

K.RAVICHANDRA BAABU

body2013
Judgment : 1. The tenant is the petitioner. He is aggrieved against the order of eviction. Today a memorandum of compromise is filed before this Court by both the parties indicating that the matter has been settled between them amicably at the instance of elders and well-wishers on the following terms: I. The petitioner/tenant agrees to vacate the petition premises subject matter of H.R.C.O.P.No.6 of 2004 on the file of the Rent Controller, Pondicherry on or before 31.10.2013. II. Upon the petitioner vacating the premises as per Clause I supra, the respondent/landlord agrees not to claim any arrears of rent or any rent upto 31.10.2013 from the petitioner/tenant. III. The respondent/landlord also agrees to withdraw the Civil Suit filed by his mother for recovery of Rs.1,00,000/-with interest in O.S.No.75 of 2004 on the file of the Principal Sub Court, Pondicherry. A memo to that effect duly signed by themother of the respondent is annexed herewith. IV. Both the parties hereto hereby agree that if the petitioner/tenant fails to vacate and hand over possession on or before 31.10.2013 the respondent/landlord can recover possession in execution of the orders passed by the Courts below. It is further agreed that the respondent/landlord will be at liberty to proceed with the pending suit as well as take appropriate legal proceedings for recovery of arrears of rent as per the orders of the Courts below made in H.R.C.O.P.No.6 of 2004 and confirmed in R.C.A.No.7 of 2009. V. Both parties further agree that if the tenant vacates and hands over vacant premises on or before 31.10.2013 neither of them shall have any claim against the order. 2. The said memorandum of compromise signed by both the parties is also signed by their respective counsels. Hence the said memorandum of compromise is recorded and the Civil Revision Petition is closed on the terms and condition set out in the said memorandum of compromise as set out surpa. The parties are directed to adhere to the terms of the memorandum of compromise without any default. 3. Accordingly, this Civil Revision Petition is closed as settled in terms of the memorandum of compromised dated 06.08.2013. No costs. Consequently connected miscellaneous petition is closed.