It is submitted on behalf of the appellant that the 2nd respondent is only a formal party and not a necessary party to the compromise.
2. It is pointed out that the appellant has compromised the matter with the 1st respondent. The compromise petition has been filed under Order XXIII Rule 3 of the Code of Civil Procedure. On going through the compromise petition it is found that there is no illegality or irregularity in the compromise arrived at between the parties and there is no reason to reject the compromise so entered into by the parties.
3. Considering the compromise entered into by the parties, the decree of the lower court is hereby set aside and a modified decree is passed in terms of the compromise which reads as follows:
R.S.A. No.710 of 2005 -2-
“a) Both parties agreed that the rent of the shop room No.5/129 of New Mahe Grama Panchayat will be increased to Rs.1500/- per month with effect from 01.03.2014.
b) It is also agreed by the parties that the above said rent will be increased by 10% of the existing rent once in every two years.
c) The appellant shall pay all taxes and duties in respect of the building No.5/129, both present and future including the property tax due to the Panchayat and the current charges of the electrical energy consumed by him and payable to the Kerala State Electricity Board and produce the respective receipts of the first respondent.
d) The rent in respect of the building had been remitted by the appellant from time to time till 28.02.2014.”
The compromise petition shall form part of the decree.
ds //True Copy// P.A. To Judge Sd/-
P.BHAVADASAN JUDGE