Madras High Court
T.Sekar vs R.Ramanathan on 8 July, 2021
C.S.No.93 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.07.2021
CORAM
THE HONOURABLE MR. JUSTICE V.PARTHIBAN
C.S.No.93 of 2020
T.Sekar ... Plaintiff
-Vs.-
1.
R.Ramanathan
2.Ramalakshmi
3.R.Raman
4.R.Mariappan
5.R.Kamala
6.M/s.Dravidian Benefit Fund Ltd.,
Rep by its Chief Executive,
No.50, EVK Sampath Road,
Vepery, Chennai-07. ... Defendants
Prayer: Civil Suit filed under Order VII Rule 1 of CPC r/w Rule 1 Order
IV of the Original Side Rules, praying to pass a judgment and decree in
favour of the plaintiff and as against the defendants:
a) declare the plaintiff's title to the suit property and consequently
direct the defendants 1 to 5 herein to deliver vacant possession of the suit
property to the plaintiff;
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C.S.No.93 of 2020
b)directing the defendants 1 to 5 herein to pay a compensation of
Rs.9,00,000/- @ Rs.25,000/- per month from January 2017 till the date of
presentation of plaint and to pay Rs.25,000/- per month from the date of
plaint till delivery of possession of the suit property to the plaintiff for
illegal occupation and enjoyment.
c) directing the defendants 1 to 5 to pay cost.
For Plaintiff : Mr.A.E.Ravi Chandran
For Defendants : Mr.N.Moorthi for D1 to D5
Judgment
The suit has been filed by the plaintiff seeking the above prayer.
2. When the matter is taken up for hearing, the learned counsel
appearing for the parties submitted that a joint memo of compromise has
been entered into between the parties. The contents of the joint memo of
compromise dated 17.06.2021, are reproduced hereunder:
“ JOINT MEMO OF COMPROMISE FILED ON
BEHALF OF THE PLAINTIFF AND THE
DEFENDANTS 1 TO 5 :
1.The plaintiff has filed the above suit for possession
against the defendants 1 to 5 herein.
2.The defendants 1 to 5, had mortgaged suit
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C.S.No.93 of 2020
schedule property with the 6th defendant benefit fund, by
way of Mortgage Deed dated 11.08.2003, registered as
Document No.3015 of 2003 on the file of SRO,
Kodambakkam, Chennai and defaulted in paying the
monthly installments and the 6th Defendant Benefit Fund,
has brought the suit property for auction and the plaintiff
has purchased the suit property in public auction and Sale
Deed was executed by the 6th Defendant on behalf of the
Defendants 1 to 5 on 05.12.2006, registered as Document
No.4745 of 2006, on the file of the SRO, Kodambakkam.
3.Aggrieved by the same the Defendants 1 to 5 filed
OS have filed two suits (i)O.S.No.1444 of 2007, seeking for
a Declaration to declare the Auction held on 29.10.2006,
Auctioning the Suit Schedule Property as illegal and
(ii)O.S.No.10047 of 2010, to declare the Sale Deed dated
04.12.2006, registered as Document No.4745 of 2006, on
the file of the SRO, Kodambakkam in favour of the plaintiff
as null and void. Both the suits were dismissed for non-
prosecution on 05.08.2019. Thereafter, the plaintiff filed
the above suit for possession from the Defendants 1 to 5
herein. The 6th Defendant is only a formal party in the
suit.
4.The Plaintiff herein and the Defendants 1 to 5
herein, after a detailed discussion and deliberation, have
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C.S.No.93 of 2020
decided to settle the dispute once for all, by way of
entering into a compromise, on the following terms and
conditions:
a) The Plaintiff has agreed to pay Rs.40,00,000/-
(Rupees Forty Lakhs only) to the Defendants 1 to 5 for
vacating the suit property and the same is paid to the
Defendants 1 to 5 herein, in the following manner:
(i)A sum of Rs.10,00,000/-(Rupees Ten Lakhs only)
is paid in cash on 17.12.2020 and executed an MOU
acknowledging the receipt.
(ii)The balance amount of Rs.30,00,000/- (Rupees
Thirty Lakhs only) is paid as follows:
(I)A sum Rs.10,00,000/- (Rupees Ten Lakhs
only) by way of cheque bearing no.522404, dated
17.06.2021, drawn on Axis Bank, Ramapuram Branch,
Chennai 600 089.
(II)A sum of Rs.10,00,000/- (Rupees Ten
Lakhs only) by way of cheque bearing no.522405, dated
17.06.2021, drawn on Axis Bank, Ramapuram Branch,
Chennai 600 089 and
(III)A sum Rs.10,00,000/- (Rupees Ten Lakhs
only) by way of cheque bearing No.522406, dated
17.06.2021, drawn on Axis Bank, Ramapuram Branch,
Chennai 600 089.
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C.S.No.93 of 2020
In total Rs.40,00,000/- (Rupees Forty Lakhs only) paid to
the Defendants 1 to 5 herein, and the Defendants 1 to 5
herein have hereby acknowledge the receipt of the said
sum.
b)The Defendants 1 to 5 herein hereby acknowledge
the ownership of the plaintiff herein over the suit property
and handed over the vacant possession of the same to the
plaintiff, on this day and the plaintiff hereby taken over
possession of the suit property.
c) The Defendants 1 to 5 herein assure the plaintiff
that they will not renew or continue with any kind of
litigation whatsoever and hereby acknowledge the
extinguishment of all their rights over the schedule
property.
5.This memo of compromise is entered into between
the parties voluntarily with their own free will and volition
and this memo of compromise will be binding on the
parties herein, their respective Legal Heirs, successor,
assigns and representatives.
6.The 6th Defendant is only a formal party and
hence, not a party to this Compromise.”
3. In view of the same, the suit is decreed in terms of the Joint
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C.S.No.93 of 2020
Memorandum of Compromise entered into between the parties and the
above Joint Memorandum of Compromise shall form part of the decree.
The Court Fee is Ordered to be refunded as per law.
08.07.2021
Index : Yes/No
Internet : Yes
gsk
NOTE : Issue order copy on 12.07.2021
V.PARTHIBAN, J.
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C.S.No.93 of 2020
gsk
C.S.No.93 of 2020
08.07.2021
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