K.T. SANKARAN,J.
Respondents 1 and 2 filed R.C.O.P.No.1/2008 on the file of the Rent Control Court, Kanjirappally against the tenants, who are the revision petitioner and respondents 3 and 4. The Rent Control Court dismissed the Rent Control Petition under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act. On appeal, the Appellate Authority confirmed the same. The High Court in Revision remanded the case to the Appellate Authority to consider the question whether the tenants are entitled to the protection of the 2nd proviso to Section 11(3) of the Act. This Court, however, found that the landlords established the bona fide need under Section11
(3) of the Act. After remand, the Appellate Authority held against the tenants. The revision is filed by one of the legal representatives of the original tenant challenging the judgment of the Appellate Authority.
2. When the revision came up for hearing, the matter was referred for mediation. The parties settled their disputes and differences before the Mediation Centre and a Memorandum of Agreement dated 6th August 2014 was executed by them. The terms of the Memorandum of Agreement are the following:
“Both the parties have agreed to settle the entire disputes between them under the following terms and condition:
1. The respondent Nos.1 has agreed to permit the Revision Petitioner and Respondents 3 & 4 to continue in the rented premises till 31.10.2015.
2. The advance amount of Rs.75,000/- (Rupees Seventy Five Thousand only) entrusted by the Revision Petitioner with respondent No.1 will be returned to the Revision Petitioner on 31.10.2015 without fail when the Revision Petitioner and respondents 3 & 4 vacate from the rented premises.
3. The arrears of rent due to respondent No.1 upto 31.07.2014 amounting to Rs.84,400/- (Rupees Eight Four Thousand and Four Hundred only) is paid today to respondent No.1 and respondent No.1 has received the same.
4. The revision Petitioner undertakes to pay the future monthly rent at the rate of Rs.1,200/- (Rupees One Thousand and Two Hundred only) till 31.10.2015 on the last day of every month to respondent No.1. The respondent No.1 shall issue proper receipt to the Revision Petitioner on receiving the rent.
5. The Revision Petitioner and respondent 3 & 4 undertake to vacate the rented premises and to give vacant possession thereof to the respondent No.1 on 31.10.2015 on receipt of the advance amount of Rs.75,000/- from respondent No.1.
6. In case of default by respondent No.1 in returning the advance amount as stated above, the revision petitioner will be entitled to recover the same with interest at the rate of 12% per annum from respondent No.1 by executing this order.
7. In case of default by the revision petitioner and respondents 3 & 4 to vacate from the premises as mentioned earlier and respondent No.1 will have the right to execute this order and to get vacant possession of the rented premises.
8. The above revision petition may be disposed off by incorporating the above terms of settlement.”
3. In view of settlement between the parties, the Rent Control Revision is disposed of in terms of the settlement.
K.T. SANKARAN, JUDGE.
acd P.D. RAJAN, JUDGE.