Vs.
B.Anusya ... Respondent in CRP.2864/2008 and Petitioner in CRPs.3708 & 3709/2008 Prayer in CRP.2864/2008: Petition filed under Section 25 of Tamil Nadu Lease and Rent Control Act, 1960 as amended by Act XXIII, 1973 against the fair and decretal order dated 05.06.2008 in R.C.A.No.1023 of 2005 on the file of VIII Small Causes Court at Chennai against the order passed in R.C.O.P.No.1627 of 2003 dated 30.03.2005 on the file of the X Small Causes Court, Chennai.
Prayer in CRP.No.3708/2008: Petition filed under Section 25 of Tamil Nadu Lease and Rent Control Act 18 of 1960 as amended by Act 1 of 1989 against the order dated 5.6.2008 passed by the learned VIII Small Causes Judge/Rent Control Appellate Authority, Chennai in R.C.A.No.1023 of 2005 partly modifying the order in R.C.O.P.No.1627 of 2003 passed by the X Small Causes Court/Rent Controller.
Prayer in CRP.No.3709/2008: Petition filed under Section 25 of Tamil Nadu Lease and Rent Control Act 18 of 1960 as amended by Act 1 of 1989 against the order dated 5.6.2008 passed by the learned VIII Small Causes Judge/Rent Control Appellate Authority, Chennai dismissing the R.C.A.No.761 of 2005 filed against the order in R.C.O.P.No.1627 of 2003 passed by the X Small Causes Court/Rent Controller.
For Petitioner : Mrs.I.Sivakami For Respondent : Mr.S.Thankasivan COMMON ORDER Today the petitioner B.Anusya and the representative of the respondent Bank are present before this Court.
2.The respondent Bank, The Regional Head, Chennai-600 014 has issued a letter dated 18/11/2009 inter alia mentioning that he has authorised Mr.D.Santhosh Prabhu, Infra Facility Manager to represent him before this Court and to file the memo of compromise on his behalf which is duly signed by him.
3.It is represented before this Court on behalf of the respective parties to the proceedings in these revisions that the parties have entered into a Memo of Compromise dated 17.11.2009 filed before this Court on 20.11.2009 and the Consent Terms are as follows:
"i. The petitioner confirms that she is the Principal Lessee under the Lease Deed dated 02.05.1985 and as such she is legally entitled to lease out the said premises to the respondent.
ii. The respondent today paid arrears of rent for the ground floor and first floor of the premises to the Petitioner at Rs.86,41,407/- (Rupees Eighty Six Lakhs Forty One thousand Four hundred and Seven only) less TDS as on September, 2009 and hence a net sum of Rs.77,77,266/- (Rupees Seventy seven lakhs seventy seven thousand two hundred and sixty six only) is paid to the petitioner vide Banker's Cheque No.784963 dated 09.11.2009 calculated based on the fair rent fixed by the Hon'ble Rent Control Appellate Authority and the petitioner hereby admits and acknowledges receipt of the said amount towards full and final settlement of all the claims of the petitioner against the respondent Bank in respect of the subject lease in the above CRPs.
iii. It is further agreed that the respondent shall pay Rs.1,46,343/- as the rent payable for the ground and first floor portion of October 2009 within a week from this date. The sum of Rs.1,46,343/- payable for the ground and first floor portion towards rent for the period November 1, 2009 to November 30, 2009 shall be paid on or before December 10, 2009.
iv. The petitioner agrees to continue the lease of the ground floor of the said premises subject to actual measurements with the respondent Bank for a period of 3 years on a monthly rent calculated at the rate of Rs.95/- per Sq.Ft. On built up area and a separate Lease Deed shall be executed between the petitioner and the respondent setting out the terms and conditions governing the lease. The respondent Bank shall also pay a rental security deposit equivalent to 10 months rent for the said ground floor of the premises, simultaneously at the time of execution of a separate lease deed.
v. As the first floor of the said premises is no longer required by the respondent, the respondent has surrendered the First Floor of the said premises to the petitioner comprising of 2545 Sq.Ft. with effect from November 30, 2009 and the petitioner has taken possession thereof in as is where is condition. A separate letter of Handing Over possession has been addressed by the respondent to the petitioner, duly acknowledged by the petitioner.
vi. Both the petitioner and the respondent agree and undertake to get the Civil Revision Petitions filed by them in CRP.(NPD).No.2864 of 2008, CRP.(NPD).No.3708 of 2008 and CRP.(NPD).No.3709 of 2008 disposed as settled in terms of this memo.
vii. The petitioner hereby agrees to withdraw the eviction petition filed by her in RCOP No.737 of 2009, before X Small Causes Court, Chennai, against the respondent Bank, in view of the settlement entered into between the parties as aforesaid and in consideration of the agreed terms and conditions herein above mentioned.
6.The parties hereto confirm that they have entered into these Consent Terms in consideration of their respective benefits in the premises sufficiency of which is irrevocably by each of them.
7.The petitioner confirms that she has removed all the barricades and stalls put up by the petitioner in front of the Branch Premises and ATM and allow the respondent to function without any hindrance whatsoever.
8.The petitioner further confirms that she will have no claim whatsoever against the respondent Bank before any Court of other forum in respect of the subject lease and any matter relating thereto including claim for arrears of rent etc.
9.These consent terms shall be deemed to be the memo of settlement for the above said CRP. (NPD).No.2864 of 2008, CRP.(NPD).No.3708 of 2008 and CRP.(NPD).No.3709 of 2008 and RCOP No.737 of 2009."
4.The tenor and contents of compromise have been read over to the parties viz., the petitioner B.Anusya (landlady) and the representative of the respondent Bank D.Santhosh Prabhu and they have appears to have understood the same. It is made clear that the said memorandum of compromise shall form part and parcel of the record and by virtue of the memorandum of compromise entered into between the parties, these civil revision petitions are disposed of without costs as settled between the parties. Consequently, connected miscellaneous petition is closed.
sgl To
1.VIII Small Causes Court at Chennai.
2.X Small Causes Court, Chennai