Madras High Court
Perinbaraj vs Muslim Jamath on 30 September, 2021
C.R.P(MD)No. 153 of 2011
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30.09.2021
CORAM
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA
C.R.P (PD)(MD) No. 153 of 2011
and
M.P(MD) Nos.1 and 2 of 2011
Perinbaraj ... Petitioner
Vs.
Muslim Jamath
Thiruvithamcode
Rep. by its President
M.Shahul Hameed
(Substituted in the place of the earlier Gulam Mydeen
vide Court order dated 31.01.2020 made in
CMP(MD)2235 of 2018 in
CRP(MD) No.153 of 2011 by RSMJ) ..Respondent
PRAYER : Civil Revision Petition filed under Section 83(9) of Wakf
Act 1995 to set aside the judgment and decree dated 31.08.2020 passed
in WTOS No.2 of 2007 on the file of the Principal Sub Judge, Nagercoil.
For Petitioner : Mr. M.R.Srinivasan
For Respondent : Mr.Mohammed Haneef
1/8
https://www.mhc.tn.gov.in/judis/
C.R.P(MD)No. 153 of 2011
ORDER
The revision has been filed by the petitioner/lessee against the
judgement and decree dated 31.08.2020 passed in WTOS No.2 of 2007
on the file of the Principal Sub Judge, Nagercoil.
2. WTOS No.2 of 2007 was filed by the respondent seeking for a
decree for recovery of Rs.1,72,368/- from the defendant and his assets
and for a decree for permanent injunction restraining the defendant from
converting the plaint scheduled property into plantation or any other use
other than the existing nature.
3. The Principal Sub Judge, Nagercoil/Waqf Tribunal, by order
dated 31.08.2010, had decreed suit, against which the revision has been
filed. During the pendency of the revision, the parties have entered into
a compromise and today, they have also filed a joint compromise memo
before this Court in SR No.21963.
4. The learned counsel for the petitioner would submit that
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C.R.P(MD)No. 153 of 2011
pending revision, the parties had entered into a compromise, pursuant to
which, the petitioner had agreed to hand over the possession of the
property to the respondent/Jamath and also further expressed his no
objection for withdrawal of a sum of Rs.50,000/- by the
respondent/Jamath, which was earlier deposited by the petitioner to the
credit of WTOS No.2 of 2007 on the file of the learned Principal Sub
Judge, Nagercoil.
5. The respondent/Jamath had also agreed to waive the arrears of
lease amount of Rs.6,11,969/- as on date and they have also paid a sum
of Rs.4 lakhs by way of Demand Draft towards the improvement made
by the petitioner in the suit scheduled property. He would submit that
pursuant to the joint memo of compromise, the petitioner has received a
sum of Rs.4,00,000/- and agreed to hand over the possession on or before
04.10.2021 and prayed that the joint memo of compromise may be
recorded.
6. The petitioner and the officials of the Jamath members were
present before this Court and they were identified by the Registrar
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C.R.P(MD)No. 153 of 2011
Judicial of this Court. Joint memo of compromise filed by the petitioner
and the respondent is perused. The joint compromise memo is extracted
here under:
"1) It is respectfully submitted the above Civil
Revision Petition has been filed by the petitioner
against the judgment and decree dated 31.08.2010
passed in W.T.O.S.No.2 of 2007 on the file of
Principal Sub-Judge, Nagercoil.
2) It is submitted that, pending the above Civil
Revision Petition, the petitioner and respondent
herein have negotiated with the object of resolving the
dispute which is to be decided in the present Revision
and for effectuating a permanent solution for the
dispute once for all. The respondent Jamath have also
passed a resolution dated 19-09-2021 in the general
body meeting, in order to compromise the above
Revision as per the terms stated herein. As a result of
which, the parties hereto have settled the issue
amicably on the following terms:-
a) The respondent Jamath herein agrees to pay a total
sum of Rs.4,00,000/- (Rupees four lakhs only) by way
of demand draft dated 18.09.2021 bearing No.010578
drawn on State Bank of India, Thiruvithamcode
Branch in the name of the petitioner as a full and final
settlement for the petitioner for the improvements
made in the schedule property.
b) The respondent-Jamath hereby waives and will not
claim the arrears of lease amount i.e. a sum of
Rs.6,11,969/- which is to be paid by the petitioner.
c) The petitioner hereby agrees and has no objection
for withdrawing a sum of Rs.50,000/- which was
deposited in W.T.O.S.No.2 of 2007 on the file of the
Learned Principal Sub-Judge, Nagercoil by the
respondent and any other amount in deposit by the
petitioner in any other Court or Authority.
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C.R.P(MD)No. 153 of 2011
d) The petitioner hereby agrees and affirms that he
shall surrender the possession of the entire extent of
property on or before 04.10.2021 without fail which is
comprised in Survey Nos.43/1, 43/3, 43/4 measuring
an extent of 4 acre 37 cents and Survey No.29-6
measuring an extent of 1 acres 40 cents totally
measuring an extent of 5 acres 77 cents and the
abetting area under B memoand the building bearing
Door No.6-11C/1 of Vilavoor Town Panchayat with a
plinth area of 50.26 M2 in the patta land to the
respondent-Jamath in Kalkulam Village Kulasekaram
Taluk, Kanyakumari District to the respondent-
Jamath.
e) In case of any failure on the part of the petitioner to
surrender the property referred above as agreed by
him in the above compromise memo, the respondent
Jamath is entitled to initiate contempt proceedings
against the petitioner for breach of the compromise
memo before this Hon’ble Court in the above Revision
itself.
f) The parties have entered into the above compromise
on their own volition without any coercion whatsoever
and agrees to abide by the terms of the compromise
without any breach.
g) The parties have entered into the above
compromise on their own volition without any
coercion whatsoever and that they do not have any
other claims as against each other and that all the
issues in between them has been settled once for all.
h)The parties agree and undertake that the parties to
this compromise memo means and include their
respective legal heirs, agents, assigns, representatives
or any one claiming under them and the terms above
compromise memo shall bind them also.
i) The parties further agree for disposal of the above
Civil Revision Petition in terms of the above
compromise memo".
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C.R.P(MD)No. 153 of 2011
7. The Civil Revision Petition stands disposed of in terms of
joint memo of compromise. No costs. Consequently connected
miscellaneous are closed. The joint memo of compromise shall form part
of the decree.
8. Post the matter under the caption 'For Reporting compliance '
on 20.10.2021.
30.09.2021
Index : Yes/No
Internet: Yes/No
aav
Note : In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may
be utilized for official purposes, but, ensuring that
the copy of the order that is presented is the correct
copy, shall be the responsibility of the
advocate/litigant concerned.
To
The Principal Sub Judge, Nagercoil
https://www.mhc.tn.gov.in/judis/
C.R.P(MD)No. 153 of 2011
A.D.JAGADISH CHANDIRA, J.,
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C.R.P (PD)(MD) No. 153 of 2011
and
M.P(MD) Nos.1 and 2 of 2011
https://www.mhc.tn.gov.in/judis/
C.R.P(MD)No. 153 of 2011
30.09.2021
https://www.mhc.tn.gov.in/judis/
