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2014 DIGILAW 3495 (MAD)

T. R. Sethuraman v. B. Ramesh Kumar

2014-09-19

S.VIMALA

body2014
Judgment Both the parties as well as their counsel are present before the Court. 1. A memo of compromise dated 19.9.2014, which has been signed by both the parties and their counsel, has been filed. The said memo of compromise is recorded and it reads as under: “i) The petitioner/Tenant pays to the Respondent/Landlord rent at the rate of Rs.14,000/- per month from 01.08.2010 to 31.08.2014. Adjusting the sum of Rs.8,500/- per month being paid, the Petitioner/Tenant tenders herewith a sum of Rs.2,64,000/- by Cheque No.694136, dated 16.09.2014 drawn on the Punjab National Bank, Tailors Road, Chennai Branch favouring the Respondent/Landlord Mr.B.Ramesh Kumar. ii) The Petitioner/Tenant agrees to vacate and hand over vacant possession of the demised premises to the Respondent/Landlord on or before 31.08.2015 without any let or hindrance. iii) The Petitioner/Tenant shall continue to pay to the Respondent/Landlord monthly rent at Rs.14,000/- per month from 01.08.2014 till 31.08.2015 or the date of delivery of vacant possession to the Respondent/Landlord whichever is earlier. The said monthly rent shall be paid or before the 10th of each succeeding month. iv) On the failure of the Petitioner/Tenant to comply with aforesaid condition, the Petitioner/Tenant shall be liable to be evicted immediately. v) The Petitioner/Tenant is at liberty to withdraw the sum of Rs.5,38,460/- deposited by him to the credit of R.C.O.P.No.955 of 2009 on the file of XI Small Causes Court, Chennai and the Respondent/Landlord consents for the same. vi) The Respondent/Landlord agrees to withdraw R.C.O.P.No.1277 of 2010 on the file of the XV Small Causes Court, Chennai now pending in R.C.A.No.3 of 2012 on the file of VII Small Causes court, Chennai and the Respondent/Landlord shall make necessary endorsement in this behalf. Thereupon R.C.A.No.3 of 2012 on the file of the VII Small Causes Court, Chennai shall be withdrawn by the Petitioner/Tenant as infructuous. Vii) The parties shall have no further claims against each other. Viii) C.R.P.NPD.No.3442 of 2013 be dismissed as settled out of Court.” 3. Decree is passed in terms of the memo of compromise, and the directions are issued on essential terms which are agreed between the counsels on both sides and of which request has been made to this Court. 4. a. The tenant shall pay rent at the rate of Rs.14,000/- per month from 1.8.2010 to 31.8.2014. Decree is passed in terms of the memo of compromise, and the directions are issued on essential terms which are agreed between the counsels on both sides and of which request has been made to this Court. 4. a. The tenant shall pay rent at the rate of Rs.14,000/- per month from 1.8.2010 to 31.8.2014. b. The petitioner/tenant is at liberty to withdraw the sum of Rs.5,38,460/- deposited by him to the credit of RCOP No.955 of 2009 on the file of the XI Small Causes Court, Chennai and the respondent/landlord consents for the same. c. The petitioner/tenant shall hand over vacant possession of the premises by 31.8.2015. d. C.R.P.NPD.No.3442 of 2013 be dismissed as settled out of Court. 4. The C.R.P. is disposed of, in terms of the memo of compromise. No costs. M.P.No.1 of 2013 is closed.