Sankaran, J. The tenants/respondents in Rent Control Petition No. 27 of 2007 on the file of the Rent Control Court, Kollam, are the petitioners. The Rent Control Petition was filed under Sec. 11(2)(b) and 11(4)(i) of the Kerala Buildings (Lease and Rent Control) Act, 1965. The Rent Control Court dismissed the Rent Control Petition. On appeal by the landlord, the Appellate Authority set aside the order of the Rent Control Court and allowed the Rent Control Petition on both the grounds.
2. When the matter came up for hearing, the parties were referred for mediation and they settled their disputes before the Mediation Centre. A memorandum of agreement dated 24th October, 2014 was executed and signed. The terms of agreement are the following:-
“All the parties to the revision have mutually agreed to settle the disputes involved in the above case as per the following terms:
1. The registered lease agreement dated 6-10-2001 bearing No. 3531/2001 of Kollam SRO shall continue with the same terms except on the rate of rent. The rate of rent has been changed to Rs. 25,000/- (Rupees twenty five thousand only) with effect from 24-10- 2014. It is liable for enhancement at the agreed rate of enhancement (10%) after the expiry of five years in a block. The Rent Control Revision Petitioner which is the lessee is entitled to deduct tax deductible at source (TDS) on the rent to be paid and it shall account the same properly in accordance with law. The rent for every months shall be deposited into the Current Account bearing No. 095150050311160 of Tamil Nadu Mecantile Bank Ltd., Kollam held in the name of S.M. Venkitnarayanan. The lessee shall be bound to bear the Service Tax payable on the rent to be paid hereafter.
2. The arrears of rent deposited in the lower court shall be withdrawn by the lessor who is the respondent in the above Revision. The amount if any, due towards rent for the period of which deposit is not made in court so far, shall be handed over by way of cheque to the lessor by the lessee within 5 days from this date.
3. The respondent in the above RCR agrees to withdraw all the disputes relating to sublease by the use of any of the business concern which comes under the Muthoot Pappachan Group”.
The Memorandum of Agreement is recorded and the Rent Control Revision is disposed of in terms of the settlement and the Rent Control Petition is dismissed, after setting aside the judgment passed by the Appellate Authority.
Sd/-K.T. SANKARAN JUDGE
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Sd/-A.K. JAYASANKARAN NAMBIAR JUDGE
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