Jacob @ Raju vs T.R. Harikrishnan and Cleetus

K.T. Sankaran, J.—The Rent Control Revision is filed by the 2nd respondent in R.C.P. No.77 of 2008 on the file of the Rent Control Court, Ernakulam challenging the order in I.A. No. 1006 of 2011 and the judgment in R.C.A.No.14 of 2012 on the file of the Appellate Authority, Ernakulam, arising from the order in I.A. No. 1006 of 2011. By the order in I.A. No. 1006 of 2011, the Rent Control Court found that the denial of title set up by the 2nd respondent in the R.C.P. is not bona fide and that it was not necessary to refer the claim of kudikidappu made by him to the Land Tribunal. That order was confirmed in appeal.

When the R.C.R. came up for hearing, the parties opted to have the disputes considered for settlement before the Mediation Centre. Accordingly, the matter was referred to the Mediation Centre.

The petitioner (the 2nd respondent in the R.C.P), the 1st respondent (the petitioner in the R.C.P.)and the 2nd respondent ( Addl.3rd respondent in the R.C.P.) settled the disputes and differences among them and entered into an agreement dated 7th February, 2014, the terms of which are the following:-

The subject matter of the above RCR has been settled between the parties as follows:

The Revision Petitioner and the 2nd respondent agree that the need urged by the 1st respondent/landlord is true and genuine.

Both parties agree that RCP 77 of 2008 on the file of Rent Control Court, Ernakulam may be allowed as prayed for on the following terms.

The Revision Petitioner and the 2nd respondent agree that they will surrender the petition schedule building to the 1st respondent/landlord within 3 months from today.

The 1st respondent/landlord agrees that he will pay to the Revision Petitioner an amount 3 of 3,50,000/- towards cost of improvement. Out of this amount of 3,50,000/-, an amount of 50,000/- is paid today to the Revision Petitioner, the receipt of which is acknowledged by the Revision Petitioner. The balance amount 3,00,000/- will be paid to the Revision Petitioner on the Revision Petitioner and the 2nd respondent surrendering the petition schedule building to the 1st respondent/landlord.

In case if the Revision Petitioner and the 2nd respondent fail to surrender the vacant possession of the building to the 1st respondent/landlord within three months from today, the 1st respondent/landlord can obtain vacant possession of the petition schedule building by approaching the executing court after depositing the aforesaid amount of 3,00,000/- before the executing court.

The Revision Petitioner and the 2nd respondent further agree that they do not have any kudikidappu right over land in which the petition schedule property is situate and that they agree to withdraw O.A. 142 of 2008 on the file of Land Tribunal, Ernakulam at Tripunithura forthwith.

As the second respondent is residing elsewhere, and not in the petition schedule building, he fully authorise the revision petitioner, to surrender the petition schedule building to the 1st respondent, within the agreed period on his behalf also. Similarly, the 2nd respondent has no objection to pay the amount of 3,50,000/-, as stated above to the Revision Petitioner, as it was the Revision Petitioner who had made improvements in the plaint schedule building, spending his own funds.

No claim subsists between the parties.

The parties shall suffer their cost throughout.

Hence it is prayed that the above RCR may be disposed of recording the above settlement and directing the Rent Control Court, Ernakulam to dispose of RCP 77 of 2008 in terms of the above settlement.

The parties will appear through counsel before the Honourable High Court of Kerala for passing an order in terms of this agreement.

It is submitted by the learned counsel appearing for the parties that the 1st respondent in the R.C.P is no more and his legal representatives were impleaded.

In view of the compromise between the parties, the order and the judgment impugned in this Revision are confirmed. There will be a direction to the Rent Control Court to dispose of the R.C.P. in terms of the settlement arrived at between the parties before the Mediation Centre. The original of the settlement arrived at by the parties before the Mediation Centre shall be forwarded to the Rent Control Court.

The Rent Control Revision is disposed of as above.