T.S.Ullas Babu vs Thiruvambady Devaswom
2022 Latest Caselaw 4718 Ker

IN THE HIGH COURT OF KERALA AT ERNARULAM
PRESENT
THE HONGURABLE MR.JUSTICE K. BABU
&

THE HONOURABLE MR.JUSTICE BASANT BALAJTI

TUESDAY, THE 267" pAY OF APRIL 2022 / 6TH VAISAKHA, 1944

OP (RC) NO. 64 OF 2023

 

(AGAINST THE ORDER IN RCP 5/2018 OF RENT CONTROL COURT, THRISSUR)

PETITIONER:

T.S.ULLAS BABU, AGED 41 YEARS, S/O. SIVASANKARAN,
THULUPARAMBILVEETTIL, CHOORAKKATTURARA P.O., AMALA
NAGAR, THRISSUR TALUK, PIN-680555.

BY ADVS .DINESH R.SHENOY
EBIN MATHEW
P.ROHIT PREMANANDAN SHENOY

RESPONDENTS :

THIS

26.04.2022,

THIRUVAMBADY DEVASWOM, THRISSUR CORPORATION & THRISSUR
TALUK, REP. BY PRESIDENT, PROF. P.CHANDRASEKHARAN, AGED
78 YEARS, §/O.PUTHANVEETTIL VESHUAMMA, RESIDING AT
HARITHA, THRIKKUMARAMKODAM DESOM, THRISSUR TALUK, PIN-
680003.

THIRUVAMBADY DEVASWOM, THRISSUR CORPORATION & THRISSUR

TALUK, PIN-680001, REP. BY THE SECRETARY, (THE EARLIER
SECRETARY HAS EXPIRED AND THE NAME AND ADDRESS OF THE

PRESENT SECRETARY IS NOT KNOWN TO THE PETITIONER).

BY ADV.N.K.SUBRAMANIAN (SC)
V.M.SYAM KUMAR

RAJESH C.MUTTATH

SNEHA RAJIV

ABRAHAM MATHAN

OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON

ALONG WITH OP (RC).100/2021, THE COURT ON THE SAME DAY

DELIVERED THE FOLLOWING:
 

O.P.(RC)Nos.64 & 100 of 2021 2

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
&

THE HONOURABLE MR.JUSTICE BASANT BALAJI

TUESDAY, THE 267" DAY OF APRIL 2022 / 6TH VAISAKHA, 1944

OP (RC) NO. 100 OF 2021

(AGAINST THE ORDER IN RCRP 3/2020 OF IV ADDITIONAL DISTRICT COURT,

THRISSUR)

PETITIONER/REVISION PETITIONER/ JUDGMENT DEBTOR:

T.S.ULLAS BABU, AGED 41 YEARS, 8/O.SIVASANKARAN,
THULUPARAMBILVEETTIL, CHOORAKKATTURARA P.O, AMALA
NAGAR, THRISSUR TALUK, PIN-680 555.

BY ADVS .DINESH R, SHENOY
A.JOSEPH GEORGE
P.ROHIT PREMANANDAN SHENOY

RESPONDENTS /RESPONDENTS/DECREE HOLDERS:

1

THIRUVAMBADY DEVASWOM

THRISSUR CORPORATION & THRISSUR TALUK, REPRESENTED BY
PRESIDENT, PROF.P.CHANDRASERKHARAN, AGED 78 YEARS,
$/O.PUTHANVEETTIL VESHUAMMA, RESIDING IN HARITHA,
THRIKKUMARAMKODAM DESOM, THRISSUR TALUK, PIN-680 003.

THIRUVAMBADY DEVASWOM, THRISSUR CORPORATION & THRISSUR
TALUK, PIN-680 001, REPRESENTED BY THE SECRETARY, (THE
EARLIER SECRETARY HAS EXPIRED AND THE NAME AND ADDRESS
OF THE PRESENT SECRETARY IS NOT KNOWN TO THE
PETITIONER) .

BY ADV.N.K.SUBRAMANIAN, S.C
V.M.SYAM KUMAR

ABRAHAM MATHAN

SNEHA RAJIV

THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON

26.04.2022, ALONG WITH OP (RC) .64/2021, THE COURT ON THE SAME DAY

DELIVERED THE FOLLOWING:
 

K.BABU & BASANT BALASI, JJ.

wee we ee ee eR ee ee ee ee ee ee a ae ee ee ee eee eee eee

Dated 26" April, 2022

JUDGMENT

K.Babu, J.

The petitioner is the tenant in RCP.No.5/2008 on _ the file of the Rent Control Court, Thrissur. The respondents are the Landlords. The Rent Control Court ordered eviction of the petitioner from the petition schedule building. The respondents/ Landlords filed E.P.No.261 of 2020 for executing the order of eviction. The Execution Court as per order dated 13.11.2020 directed delivery of the petition schedule building to the respondents. The petitioner challenged the said order in R.C.R.P.No.3 of 2020 before the District Court, Thrissur. The Additional District Court-lV, Thrissur, which considered RCRP.No.3/2020, dismissed the petition as per order dated 24.6.2021. The petitioner also filed a Review Petition seeking review of the order dated 20.8.2019 in RCP.No.5 of 2018 before the Rent Contro! Court, Thrissur along with a petition to condone the delay of 382 days.

2. The petitioner filed O.P.(RC)No.64 of 2021 seeking

expeditious disposal of the Review Petition and the petition to

condone the delay. O.P.(RC)No.100 of 2021 is filed to set aside the order dated 24.6.2021 in R.C.R.P.No.3 of 2020 of the

Additional District Court-IV, Thrissur.

3. As per order dated 16.3.2022, the parties were referred to mediation. A report has been submitted by the Mediator, High Court Mediation Centre, Ernakulam, stating that the matter has been settled. The memorandum of agreement is appended to the report. It is stated in the memorandum that, the disputes between the parties have been amicably settled. The terms arrived at

between the parties are lawful.

Hence, these Original Petitions are disposed of, recording

the aforementioned agreement entered into between the parties.

The memorandum of agreement shall form part of this judgment.

OVO

K.BABU Judge

: | eee

BASANT BALAJI

Judge TKS

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BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM

OP(RC).Nos.64 of 2021 & 100/2021

T.S Ullas Babu : Petitioner

Vs.

Thiruvambady Devaswom & Others : Respondents

REPORT SUBMITTED BY THE MEDIATOR ADV. SALLY THOMAS CHACKO

Mediated, matter is settled.

Terms and conditions are attached herewith.

> Dated this the 18th day of April, 2022.

<n Adv. Sally Thomas Chacko

Mediator Ernakulam Mediation Centre

BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM

OP(RC).Nos.64 of 2021 & 100/2021

T.S Ullas Babu : Petitioner Vs.

Thiruvambady Devaswom & Others : Respondents

" Mediated Settlement Agreement

(Under Section 89 of the Code of Civil Procedure read with Rule 23 of the Civil Procedure (ADR) Rules, 2008)

The dispute between the parties relates to the lease deed relating to the "Vrindhavan Restaurant", arrears of rent and eviction sought therefrom. The parties have agreed to settle the disputes on the following terms and conditions:

1. Both the parties agree that an amount of Rs.1,55,00,000/- (Rupees One Crore Fifty Five Lakhs only) shall be the amount <> fixed towards the full and final settlement of the total claim for the period ending on 30/04/2022.

2. Both the parties agree that the advance amount in deposit Shall be retained as Rs.50,00,000/- (Rupees Fifty Lakhs only).

IRUVA AAS RANy HEWASW AW p Ke Sb AKERS mean

Sreaont

3. The petitioner who is tenant herein agrees to pay the amount of Rs.1,55,00,000/- (Rupees One Crore Fifty Five Lakhs only) in installment on the dates fixed as below:-

I, Rs.50,00,000/- to be paid on or before 30/04/2022. li. Rs.25,00,000/- to be paid on or before 08/05/2022. ll, Rs.25,00,000/- to be paid on or before 20/05/2022.

iv The balance amount of Rs.55,00,000/- to be paid on or before 20/10/2022,

"| 4. The Respondents agree that from the date of this agreement the Petitioner tenant is at liberty to open the establishment and also to carry out the maintenance and renovation works of the Restaurant - "Vrindhavan Restaurant".

5. The respondents agree that they will render all assistance and co-operation for the purpose of getting the clearance certificates/license from all the authorities including the Pollution Control Board, Waste Management Authority, Local Authority as well as for Sewage Treatment Plant.

6. The respondent Devaswom agrees to render all assistance to the petitioner for getting proper uninterrupted supply of water to the Restaurant.

7. The Petitioner tenant agrees to pay the Electricity charges for the period ending on 30/04/2022 and thereafter also.

« a entre ¥ sa Mats Sfastiat hE anid fanciiatios ce SY BS Karas He ® cat of Keras

ach - . RRS 2084

8. The Petitioner tenant agrees that from 01/05/2022 onwards the rent to be paid to the respondent landlord shall be fixed as Rs.7,00,000/- (Rupees Seven Lakhs only) payable on or before the 5" day of every succeeding calendar month. The Petitioner shall be liable to pay and shall pay the GST payable in respect of the rental arrangement.

9. Both the parties agrees to increase the rent of Rs.7,00,000/- (Rupees Seven Lakhs only) at the rate of " 5% every year from 01/05/2023.

10. In case of default of payment of any of the amounts as mentioned in Clause 3 (i-iv) of the agreement, the respondent landlord is at liberty to proceed with the order of eviction dated 13/11/2020 in EP.No.261/2020 in RCP.No.5/2018, in the Court of Pri.Munsiff, Thrissur.

11. Both the parties agree that even during the subsistence of agreement, in case of default of payment of regular rent from » 01/05/2022 as agreed above in Clause 8, the respondent

landlord is entitled to proceed against the tenant as per law.

12. Both the parties agree that upon compliance of the terms of agreement by paying the amount agreed in Clause 1 to3 the lease period shall be renewed for another period of

x As gee ae Mor TMS YEiicer & 22 8 Bey 9 KAS ores an seven years. UA UES. SEBEL VAMBADY DEUS SUI g

- ~ 2m VAAS YU AS

c 6 Kerals State Nediatighrand Canclistinn Gente? | Hah Cour af Kerala Kook! ~ 682 024

13. In the light of the terms of agreement both the parties agree to withdraw all the cases pending before various forums

relating to this disputes.

14. Both the parties agree that no further claims will be raised against each other in respect of the disputes mentioned herein.

15. In the light of the terms of agreement the above cases

may be disposed of.

Dated this the 18" day of April, 2022,

T.S Ullas Babu

Petitione

- | YHE [PHREVAMSALY CEVASWON me TB Aae PENA YS crete

te at

Kare. # RK ae Naw

President Thiruvambady Devaswom |

Secretary Thiruvambady

bONa pad Ub \ AY ase Counsel 'for thi Respondents

Nee

Ya. éygno AY fue p / i

"Be as EL Fe. Sefer one

ae ae --

C ( fe am ere fo oe .

N\- K 2 Sb dO AR LAL CAS! .

a Ae.

Wergla Mats Mediation and Conciliation Centre Migh Court of Kerale Kochi - 682 037

VERIFICATION

We, the parties above named, do hereby solemnly state and declare that what is contained in paragraphs 1 to 15 are true to the best of our knowledge, information and belief.

Dated this the 18" day of April, 2022.

T.S Ullas Babu_ = as Petitioner Sor THE YHIRUVAMBADY DEVARICR President Thiruvambady-Beyvaswom ° see.

Secretary Thiruvambady Devaswom

Coie aya aes | i i Kaangansay

Respondents

¥ nxnia Se Norala Mate |

APPENDIX OF OP (RC) 64/2021

PETITIONER' S EXHIBITS

Exhibit Pl TRUE PHOTOCOPY OF RCP.NO.5/2018, RENT CONTROL

Exhibit

Exhibit

Exhibit

Exhibit

Exhibit

Exhibit

Exhibit

Exhibit

Exhibit

Exhibit

Exhibit

P2

P3

P4

P6

PT

PB

Pg

P10

Pll

P12

COURT, THRISSUR DATED 30.1.2018.

TRUE PHOTOCOPY OF OBJECTION DATED 4.1.2019 FILED BY THE PETITIONER HEREIN IN RCP.5/2018, RENT CONTROL COURT, THRISSUR.

TRUE PHOTOCOPY OF ORDER DATED 20.8.2019 IN RCP .NO.5/2018, RENT CONTROL COURT, THRISSUR.

TRUE PHOTOCOPY OF EP.NO.261/2020 IN RCP.5/2018, RENT CONTROL COURT, THRISSUR DATED 10.2.2020.

TRUE PHOTOCOPY OF IA.NO.1/2020 IN RCP. NO.5/2018, RENT CONTROL COURT, THRISSUR DATED 7.10.2020.

TRUE PHOTOCOPY OF PETITION FOR STAY, TA.NO.3/2020 IN IA.NO.1/2020, RCP. NO.5/2018, RENT CONTROL COURT, THRISSUR DATED 7.10.2020.

TRUE PHOTOCOPY OF I.A.NO.2/2020 IN IA.NO.1/2020, RCP.NO.5/2018, RENT CONTROL COURT, THRISSUR DATED 7.10.2020 FILED FOR CONDONATION OF DELAY.

TRUE PHOTOCOPY OF I.A.NO.5/2020 IN I.A.NO.1/2020 IN R.C.P.NO.5/2018, RENT CONTROL COURT, THRISSUR DATED 24.11.2020.

TRUE PHOTOCOPY OF I.A.NO.6/2021 IN I.A.NO.1/2020 IN R.C.P.NO.5/2018 DATED 5.1.2021.

TRUE PHOTOCOPY OF ORDER DATED 7.12.2020 IN I.A.NO.1/2020 IN RCRP 3/2020, IVTH ADDITIONAL DISTRICT COURT AND RENT CONTROL APPELLATE AUTHORITY, THRISSUR.

TRUE PHOTOCOPY OF BANK STATEMENT OF THE PETITIONER'S ACCOUNT FROM 10.4.2021 TO 29.6.2021 WITH KARUR VYSYA BANK, THRISSUR, SHOWING THE PAYMENT OF RS.24 LAKHS.

TRUE PHOTOCOPY OF THE PETITIONER'S BANK ACCOUNT STATEMENT FROM 30.3.2021 TO 30.6.2021 WITH THE THRISSUR SERVICE CO-OPERATIVE BANK LTD. NO.R.1097, THRISSUR MAIN BRANCH.

Exhibit P13 TRUE PHOTOCOPY OF E.A.NO......... /2021 IN E.P.NO.260/2020 IN R.C.P.NO.5/2018, MUNSIFPF COURT, THRISSUR DATED 25.6.2021.

Exhibit Pi4 TRUE PHOTOCOPY OF ACCOUNT STATYEMENT OF M/S.VRINDAVANAM INN WITH KARUR VYSYA BANK, THRISSUR.

Exhibit P15 TRUE PHOTOCOPY OF ACCOUNT STATEMENT OF THE PETITIONER WITH THRISSUR SERVICE CO-OPERATIVE BANK LTD., MAIN BRANCH (27/12/2020 TO 14/7/2021)

Exhibit P16 TRUE PHOTOCOPY OF ACCOUNT STATEMENT OF THE PETITIONER WITH THRISSUR SERVICE CO-OPERATIVE BANK LTD., MAIN BRANCH (16/7/2021 TO 19/7/2021)

RESPONDENTS' EXHIBITS:

Exhibit R2(a) TRUER COPY OF CORRECTED/AMENDED ORDER IN RCRP.NO. 3/2020 DATED 24.06.2021 OF IV ADDL. DISTRICT JUDGE, THRISSUR.

TKS

APPENDIX OF OP (RC) 100/2021

PETITIONER'S EXHIBITS:

Exhibit

Exhibit

Exhibit

Exhibit

Exhibit

Exhibit

Exhibit

RESPONDENTS '

EXHIBIT

EXHIBIT

EXHIBIT

EXHIBIT

EXHIBIT

TKS

Pl

P2

P3

P4

PS

P6

P?

TRUE PHOTOCOPY OF RCP NO.5/2018, RENT CONTROL COURT, THRISSUR DATED 30.1.2018.

TRUE PHOTOCOPY OF OBJECTION DATED 4.1.2019 FILED BY THE PETITIONER HEREIN IN RCP.5/2018, RENT CONTROL COURT, THRISSUR.

TRUE PHOTOCOPY OF ORDER DATED 20.8.2019 IN RCP NO.5/2018, RENT CONTROL COURT, THRISSUR.

TRUE PHOTOCOPY OF EP NO.261/2020 IN RCP.5/2018, RENT CONTROL COURT, THRISSUR DATED 10.2.2020.

TRUE PHOTOCOPY OF IA NO.1/2020 IN RCP NO.5/2018, RENT CONTROL COURT, THRISSUR DATED 7.10.2020.

TRUE PHOTOCOPY OF ORDER DATED 24.6.2021 IN RCRP 3/2020,IV THE ADDL. DISTRICT JUDGE, THRISSUR.

TRUE PHOTOCOPY OF THE ORDER DATED 13.11.2020 IN EP NO.261/2020 IN RCP 5/2018, PRINCIPAL MUNSIFF COURT, THRISSUR.

EXHIBITS:

R2(a) TRUE COPY OF LAWYER NOTICE DATED 27.12.2017.

R2(b) TRUE COPY OF THE TENDER NOTICE BY THE

THIRUVAMBADY DEVASWOM DATED 14.2.2015.

R2(c) TRUE COPY OF THE INTIMATION DATED 23.7.2018

WITH THE IT DEPARTMENT.

R2(d) TRUE COPY OF THE AGREEMENT DATED 26.08.2015

R2(e) TRUE COPY OF THE APPLICATION FILED BY THE

LANDLORD UNDER SECTION 12 DATED 20.03.2019.