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2013 DIGILAW 3013 (MAD)

Chandrasekaran v. A. D. Nagarathinam

2013-08-22

K.RAVICHANDRA BAABU

body2013
Judgment : 1. The tenant is the revision petitioner. He is aggrieved against the concurrent order of eviction passed by the courts below. 2. Today, the petitioner has filed an affidavit before this court informing that an amicable settlement has been arrived at between the parties through which the respondent has agreed to make payment of Rs.3,00,000/-being the advance and other sums paid by the petitioner at the time when he vacates and hand over vacant possession of the premises to the respondent. He has also given an undertaking to effect the monthly payment of rent at the rate of Rs.36,000/-regularly till he vacates the premises. He has further given an undertaking to vacate the petition premises and hand over vacant possession of the same to the respondent on or before 31.03.2014. The relevant paragraph of the affidavit is extracted hereunder: "4. I state that pending the proceedings, the respondent and I have arrived at an amicable settlement in and by which the respondent has agreed to effect payment of sum of Rs.3,00,000/-(Rupees Three Lakhs only) being the advance, deposits and other sums paid by me, at the time when I vacate the premises and hand over vacant possession thereof to the respondent. As agreed between us, I undertake to effect payment of the monthly rents due in the sum of Rs.36,000/-regularly till the date on which I vacate the premises and I further undertake to vacate the petition premises and hand over vacant possession of the same to the respondent herein on 31.03.2014." 3. In pursuant to the terms of the settlement arrived at between the parties, the following order is passed: i. The civil revision petition is dismissed; ii. The petitioner/tenant is directed to vacate and hand over vacant possession of the petition mentioned property on or before 31.03.2014; iii. The petitioner/tenant is directed to pay the monthly rental at the rate of Rs.36,000/- to the respondent till he vacates the premises; iv. On the date when the petitioner vacates the premises, the respondent/landlord is directed to pay a sum of Rs.3,00,000/- to the petitioner. v. If any default is committed by the petitioner in complying with the terms of the above settlement, the respondent/landlord is at liberty to proceed against the petitioner through execution proceedings. No costs. The connected miscellaneous petition is also dismissed.