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2016 DIGILAW 2404 (MAD)

S. Venkatesan v. S. Padma

2016-07-21

M.M.SUNDRESH

body2016
JUDGMENT : The suit has been filed for the following reliefs: (i) for a decree for partition of portion of the Schedule A property remaining after providing for and keeping in common the Lord Srinivasa Temple (called Siru Thirupathi) measuring 222 sq.ft. in the North Eastern Corner, by metes and bounds and allot 1/5th share in the same to the plaintiff herein; (ii) for decree for partition of Schedule B property by metes and bounds and allot 1/5th share to the plaintiff; (iii) for decree for partition of movable properties described in the Schedule C hereunder and allot 1/5th share to the plaintiff; (iv) for a permanent injunction restraining the defendants from demolishing the temple (called Siru Thirupathi) or removing the Lord Srinivasa deity from Schedule A property; (v) for a decree for mesne profits in respect of the Schedule B property from 06.03.2014 till date of realisation at such rate as fixed by this Hon'ble Court and allot 1/5th share in such mesne profits to the plaintiffs herein; and (vi) for cost of suit" 2. When the matter is taken up for hearing, a memorandum of compromise has been filed duly signed by the parties and attested by their counsel. The parties are also present before the Court. 3. Learned counsel for the plaintiff as well as the defendants submits that the suit may be decreed in terms of the memorandum of compromise dated 21.07.2016. The terms and conditions of the said memorandum of compromise read as under: "1. It has been agreed that the Schedule property hereunder consisting of four items of properties will be released to the Party of the Second Part immediately according to this Memorandum of Compromise and executing necessary documents in favour of the Party of the Second Part and he shall enjoy complete ownership of the schedule properties hereunder absolutely without any hindrance from whomsoever of the parties of the First part or their legal heirs or their representatives. 2. 2. It is agreed between the parties that the term "complete possession and ownership of all properties" to whomsoever these properties hereunder are fully settled or transfer of ownership shall mean and include handing over of a set of all property related documents including the land ownership documents, rental lease agreements, transfer of advance, electricity board cards, water tax cards, property tax (including forms and signatures to transfer ownership) in addition to the keys being provided to the concerned party who receives these properties. 3. The parties of the First Part will execute necessary documents and register the same as required by the Party of Second Part. 4. The Parties of the First Part will keep vacant possession before registering the documents and immediately after recording this Memorandum of Compromise in Court. The Party of the Second Part will pay an amount of Rs. 5,00,000/- (Rupees Five Lakhs only) to his mother Mrs. S. Padma who had spent for the interior of the flat allotted to the Party of the Second Part before taking possession of the Flat. 5. The Party of the Second Part will pay an amount of Rs. 5,000/- (Rupees Five Thousand only) per month to his mother as maintenance till her life time. 6. The Party of the First Part undertakes to Court to take all steps necessary for transfer of the tenancy agreements in relation to the Schedule Properties to the name of the Party of the Second Part. 7. The parties further agree that the litigation pending before the Hon'ble High Court of Madras and the Hon'ble City Civil Court at Chennai being C.S. No. 592/2014 before the Hon'ble High Court of Madras, O.S. Nos. 4377/2014 to 4380/2014, 6120/2014 and 6330/2014 before the Hon'ble City Civil Court, Chennai, will be disposed of on the following term: C.S. No. 592 of 2014 will be decreed under Order 23 Rule 3 of CPC; and all the suits pending before the City Civil Court will be withdrawn as not pressed by both the parties. 8. The parties hereby agree that in view of this Settlement Agreement, they do not have any other claims against each other and the Parties hereby undertake that they would not disturb the peaceful possession settled to the Party of the First and the Party of the second. 9. 8. The parties hereby agree that in view of this Settlement Agreement, they do not have any other claims against each other and the Parties hereby undertake that they would not disturb the peaceful possession settled to the Party of the First and the Party of the second. 9. The party of the Second Part, by this memorandum of compromise would not have any claims whatsoever - in the present or in the future - and will not disturb the peaceful possession of all the movable and immovable properties or assets in Coimbatore, Sriperumpudur, Chennai or any other location within or outside India which are in possession and enjoyment of the parties of the First Part. 10. The parties hereby agree that they will not sell their flats at AB 146 to any of the third parties before making an offer to the other members of the party - at the cost incurred to construct the flat by M/s. India Builders - Rs.1 crore/flat. These offers have to be communicated in writing and the parties have a period of 6 months to respond to the same. All the party members have to provide their consent in writing for any sale transactions pertaining to AB-146 units. This restriction stems from the fact that the land on which the AB-146 units are constructed was given as a gift by late Mr. Rangachari Santhanam to his legal heirs with a clear indication that the units should not be sold to third parties. 11. The parties hereby declare that they will not let out the allotted residential flat at AB 146, to commercial tenants and will lease/rent for residential tenants who will comply with the requirements of living in a temple campus. 12. The parties hereby declare that they have taken the independent advice from their respective advocates and they know the true meaning and effect of this memorandum of compromise and have entered into this memorandum of compromise willingly. 13. The party of the Second Part will not raise any claims in any manner towards any and all assets - movable and immovable - belonging to the Part of the First Part after execution of this memorandum of compromise." 4. Accordingly, the suit stands decreed in terms of the memorandum of compromise and the memorandum of compromise shall form part of the decree. No costs. Consequently, connected applications are closed.