The revision petitioner filed R.C.P.No.24 of 2008, on the file of the Rent Control Court/Principal Munsiff I, Kozhikode, against the respondents under Section 11(4)(ii) of the Kerala Buildings (Lease and Rent Control) Act. The Rent Control Court allowed the Rent Control Petition and ordered eviction. The second respondent in the R.C.P. filed R.C.A.No.91 of 2009, on the file of the Rent Control Appellate Authority/IIIrd Additional District Court, Kozhikode, challenging the order of the Rent Control Court. The Appellate Authority set aside the order of the Rent Control Court and dismissed the Rent Control Petition. This revision is filed by the landlady challenging the judgment of the Appellate Authority.
2. The first respondent in the Rent Control Petition (A.K.Balan - second respondent in the R.C.R.) was set ex-parte before the Rent Control Court and he did not appear before the Appellate Authority also. The parties were referred to mediation. In the mediation proceedings, they settled the disputes and a memorandum of settlement dated 21.5.2014 was signed by the next friend of the minor petitioner/landlord and the second respondent in the R.C.P. (first respondent in the revision). The terms of the settlement are the following :
“1. Revision Petitioner agrees to submit application in the RCR to delete the second respondent A.K.Balan from the party array in view of the settlement arrived between the Revision Petitioner and the first respondent within a period of one week from today.
2. First respondent A.K.Bhaskaran agrees to vacate the petition schedule room in R.C.P.No.24 of 2008 on the file of the Principal Rent Controller (Principal Munsiffs Court-I), Kozhikode, within a period of one month from today subject to the following condition.
3. The Revision Petitioner agrees to pay a sum of ₹2,10,000/- (Rupees Two Lakh Ten Thousand only) to the first respondent on his vacating the petition schedule room so as to enable him to find out another place of business.
4. Parties agree that on failure if any of vacating the petition schedule room within one month, the revision petitioner can get him evicted through Execution Court on deposit of ₹2,10,000/-.
5. The Revision Petitioner agrees to suffer the arrears of rent in respect of the petition schedule room.”
3. I.A.No.1142 of 2014 was filed by the revision petitioner to strike out the name of the second respondent in the revision and that was allowed by us by the order dated 4th June, 2014. The revision petitioner has complied with the formalities under Rule 7 of Order XXXII of the Code of Civil Procedure.
Accordingly, the Rent Control Revision is disposed of after recording the compromise and in terms of the compromise. In view of the compromise, the judgment of the Appellate Authority is set aside and an order of eviction is passed in terms of the compromise.
K.T.SANKARAN JUDGE csl A.MUHAMED MUSTAQUE JUDGE