Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN & THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON MONDAY, THE 8TH DAY OF APRIL 2024 / 19TH CHAITHRA, 1946 R.C.REV.NO.200 OF 2023 AGAINST THE JUDGMENT DATED 23/02/2023 IN RCA NO.1 OF 2022 OF RENT CONTROL APPELLATE AUTHORITY (ADDITIONAL DISTRICT COURT-V), KOTTAYAM ARISING OUT OF THE ORDER DATED 17/06/2020 IN RCP NO.61 OF 2017 OF RENT CONTROL COURT, (PRINCIPAL MUNSIFF), KOTTAYAM PETITIONERS/APPELLANTS/COUNTER PETITIONERS:
1 M/S UTHUKKIYAMANNIL INTER OPTICS & CONTACT LENS CLINIC A PARTNERSHIP FIRM HAVING ITS OFFICE AT GROUND FLOOR, C.S.I SQUARE BUILDINGS SASTRI ROAD, KOTTAYAM P.O, PIN- 686001, PANAYAKAZHIPPU KARA, MUTTAMBALAM VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT REPRESENTED BY ITS MANAGING PARTNER SHEMMY SAM CHANDY.
2 SHEMMY SAM CHANDY, S/O O.S CHANDY, AGED 38 YEARS, MANAGING PARTNER M/S UTHUKKIYAMANNIL INTER OPTICS & CONTACT LENS CLINIC, GROUND FLOOR, C.S.I SQUARE BUILDINGS SASTRI ROAD, KOTTAYAM P.O, PIN- 686001, PANAYAKAZHIPPU KARA, MUTTAMBALAM VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT, RESIDING AT UTHIKKAMANNIL HOUSE, MANGANAM KARA, VIJAYAPURAM VILLAGE IN KOTTAYAM TALUK., PIN - 686018 3 SHERRY SKARIA, AGED 43 YEARS, S/O.O.S.CHANDY, MANAGING PARTNER M/S UTHUKKIYAMANNIL INTER OPTICS & CONTACT LENS CLINIC, GROUND FLOOR, C.S.I SQUARE BUILDINGS SASTRI ROAD, KOTTAYAM P.O, PIN-686001, PANAYAKAZHIPPU KARA, MUTTAMBALAM VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT, RESIDING AT UTHIKKAMANNIL HOUSE, MANGANAM KARA, VIJAYAPURAM VILLAGE IN KOTTAYAM TALUK. REPRESENTED BY POWER OF ATTORNEY HOLDER SHEMMY SAM CHANDY., PIN - 686018
2 R.C.Rev.No.200 of 2023 BY ADVS.MATHEW JOHN (K) ABY J AUGUSTINE RESPONDENT/RESPONDENT/PETITIONER:
CHURCH OF SOUTH INDIA TRUST ASSOCIATION A COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.5, WHITES ROAD, ROYAPETTAH, CHENNAI- 600014, REPRESENTED BY ITS POWER OF ATTORNEY HOLDERS:- 1) REV. DR. SABU K CHERIAN, AGED 58 YEARS, S/O M.K CHERIYAN, TREASURER, C.S.I MADHYA KERALA DIOCESE, KOTTAYAM P.O, PIN - 686001, PANAYAKAZHIPPU KARA, MUTTAMBALAM VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT.
2) ADV. STEPHEN J DANIEL, AGED 53 YEARS, S/O JOHN DANIEL, LAY SECRETARY, C.S.I MADHYA KERALA DIOCESE, KOTTAYAM P.O, PIN - 686001, PANAYAKAZHIPPU KARA, MUTTAMBALAM VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT, BY ADVS.SAJI MATHEW DEEPU ANIL(K/294/2019) RENNY AUGUSTINE(K/351/1998) THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 08.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
3 R.C.Rev.No.200 of 2023 ORDER Anil K. Narendran, J.
The petitioners are the respondents-tenants in R.C.P.No.61 of 2017 on the file of the Rent Control Court (Principal Munsiff), Kottayam, which was one filed by the respondent herein- landlord, invoking the provisions under Section 5(1) of the Kerala Buildings (Lease and Rent Control) Act, 1965, seeking fixation of the fair rent in respect of the petition schedule building. That Rent Control Petition was allowed by the order dated 17.06.2020, whereby the fair rent of the petition schedule item No.1 was fixed at the rate of Rs.45/- per square feet and that of the petition schedule item No.2 was fixed at the rate of Rs.35/- per square feet, with effect from the date of filing of the Rent Control Petition. That order of the Rent Control Court was under challenge in R.C.A.No.1 of 2022 filed by the tenants before the Rent Control Appellate Authority (Additional District Judge- V), Kottayam, invoking the provisions under Section 18(1)(b) of the Act. That appeal was disposed of by the judgment dated 23.02.2023 modifying the order of the Rent Control Court in R.C.P.No.61 of 2017, whereby the fair rent of the ground floor of the building was fixed at the rate of Rs.35/- per square feet and that of the first floor was fixed at the rate of Rs.28/- per square
4 R.C.Rev.No.200 of 2023 feet, with annual increment of 4% every year. Challenging the said judgment of the Rent Control Appellate Authority, the tenants filed this Rent Control Revision, invoking the provisions under Section 20 of the Act.
2.
On 18.09.2023, when this Rent Control Revision came up for admission, it was admitted on file and notice was issued to the respondents.
3.
On 28.02.2024, when this matter was taken up for consideration, the learned counsel on both sides submitted that there is every likelihood of the matter being settled if sent for mediation. In such circumstances, both parties were directed to appear before the Nodal Officer, Ernakulam Mediation Centre in the premises of this Court, on 19.03.2024 at 10.30 a.m.
4.
Heard the learned counsel for the petitioners-tenants and also the learned counsel for the respondent-landlord.
5.
The learned counsel on both sides would submit that the matter is settled between the parties. The memorandum of settlement agreement dated 02.04.2024 entered into between the petitioners and the respondent is placed on record along with the report of the Mediator. Therefore, this Rent Control Revision may be disposed of in terms of the terms and conditions contained in the memorandum of settlement agreement dated
5 R.C.Rev.No.200 of 2023 02.04.2024.
In such circumstances, this Rent Control Revision is disposed of in terms of the terms and conditions contained in the memorandum of settlement agreement dated 02.04.2024, which shall form part of this order.
Sd/- ANIL K. NARENDRAN, JUDGE Sd/- HARISANKAR V. MENON, JUDGE AV/16/4
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BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM R.C.R.No. 200 of 2023 M/s. uthukiyamannil Inter Optics & Contact Lens Clinic & others Revision Petitioners Vs Church of south India TrustAssociation : Respondent REPORT SUBMITTED BY MEDIATOR ADV. P.T. GIRIJAN Mediated. Settled.
Terms of settlement are attached herewith.
Dated this 2nd day of April, 2024.
BEFORE THE HONOURABLE HIGH COURT OF RERALA AT ERNAKULAM R.C.R.No. 200 of 2023 M/s. Uthukiyamannil Inter optics & : Revision petitioners Contact Lens clinic & others Vs Church of south India Tfust Association : Respondent nfflMORANDUM oF MEDIATloN sETTLEMEI`IT AGREEMEr`IT UNDER sEc'ITON 69 oF THE CODE OF CIVIL PROCEDURE READ WITII RULE 24 0F TIIE CIVIL PROCOEDURE "EDIATI0N` RULES. 2008 The parties above mentioned submits as follows:- The aforesaid matter was refened to Adv..P.T.Girijan, Accredited Mediator, Emakulam Mediation and Conciliation Centre for resolving the dispute between the parties. In the course of mediation they have resolved their dispute and have agreed to settle the matter with the following terlns and conditions.
1. The Revision Petitioners agreed to sunender the First Floor of the Petition Schedule Building in the RCP No.61/2017 on the file of the Principal Rent control Court , Kottyam , in the original condition while taking on lease , by closing the entry from the Ground Floor .
2. The Respondent and Revision Petitioners agreed to execute a Fresh Lease deed for the Ground Floor room presently occupied by the Revision Petitioners , on condition that the Monthly rent payable will be Rs. 65/- Qupees Sixty Five ) per square Feet for the period 01.04.2024 to 31.03.2025 with an annual increase of 5 9/o( Five Percent ) every year , for a further period of 5( Five ) years.
Revision Petitioners 1. M/s.Uthikkiyamannfl Inter 0 Contact Lens Clinic }\ (Rep by Managing partner Shemmy Sam Chandy) 2. Shemmy Sam Chandy 3 Shenyskaria (Rep. by POA Holder Shemmy Sam Respondent Church of South India Tfust Association Reptd . by POA Holders 1.Rev. Fr. Jiji John Jacob 2. Rev. Fr. Aniyan K Paul th`1\aStateifiediat.ioiiantlConcil:iaiionCenlriJ ```H`gKho:h:u.rt6::Koe3rta`a • 1 .,--. `` - .
-2- 3. The Revision Petitioners shall keep the wash room[acility in the ground ` Floor room , as available at the commencement of original lease .
4. The Revision Petitioners agreed to pay the arrears of rent till 31.03.2024 for the Ground Floor room, as ordered by the Hon`ble Rent Control Appellate Authority-V, Kottayam in RCA No.1/2022 dated 23.02.2023, which is impugned in the present Rent Control Revision Petition .
5. Regarding the arrears of rent for the First Floor Room, Both the parties agreed that rent can be calculated at the rate of Rs.10 per sq.ft with yearly enhancement of 4°/o from the date of rent control petition till 31.03.2024.
6. The Revision Petitioners agree that they win vacate the First Floor Room on or before 30.04.2024 and surrender the same in good condition and will execute a deed of suITender for the first floor.
7. The Revision. Petitioners hereby agree that they are bound to make the payment of aITears of rent and future rent along with applicable GST from time to time.
Revision Petitioners M/s.Uthikkiyamannil Inter Optics Contact Lens Clinic (Rep by Managing Shemmy Sam Chandy):i[ne% 2. Shemmysamchand 3. Sheny skaria (Rep. by POA Holde Shemmy Sam Chand wl\asta\e\&::\hii;:u;i:::;ico:;c:\\;auonuw, cent't Respondent Church of South India Trust Association Reptd . by POA Holders 1.Rev. Fr. Jiji John Jacob 2. Rev. Fr. Aniyan K Paul
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-3- 8. It is agreed by both parties that the total annual rent payable upto the period 31.03.2024 , as per this agreement is Rs. 33,30,800 /-( Rupees Thirty Three Lakhs Thirty Thousand and Eight Hundred Only ) and the rent paid is only Rs.10,61,245/- (Rupees Ten Lakhs Sixty One Thousand TWo Hundred and Forty five Only) The balance rent payable by Revision Petitioners is Rs.22, 69, 555/- ( Rupees Twenty Two Lakhs Sixty Nine Lakhs Five Hundred and Fifty Five Only ) as on 31.03.2024.
9. The Revision Petitioners shall pay an amount of Rs.10,00,000/- (Rupees Ten Lakhs only) on or before 30.04.24 towards the arrears of enhanced rent payable as per the orders of the Hon`ble Rent Control Appellate Authority in RCA No. 1/2022 and as agreed herein above. The balance amount will be paid in equal monthly installments and shall be fully paid on or before 30.03.2025.
Revision Petitioners M/s.Uthikkiyamannil Inter Optics Contact Lens Clinic (Rep by Managing Shemmy Sam Chan Shemmy Sam Cha Sheny Skaria (Rep. by POA Hol Shemmy Sam Cha Respondent Church of South India Trust Association Reptd . by POA Holders 1.Rev. Fr. Jiji John Jacob 2. Rev. Fr. Aniyan K Paul .# ,?lasta!el¥1ec{jL:.„,.I, ,!vi.L!!on c`en{rL- `` High courtof Kerala Kochj - 682 031
-4- 10. It is agreed by the parties that in case of any failure of the Revision Petitioners to surrender the First floor of the building as agreed herein or any failure to make the initial payment of Rs.10,00,000/-(Rupees Ten Lakhs oily) towards the arrears or any default in making the balance payment Of arrears of rent as stipulated herein, the Revision Petitioners shall be liable to suITender the First Floor Room forthwith and will be liable to pay the aITears of rent as ordered by the Rent Control Appellate Authority in RCA 1/2022 without any modification till 31.03.2024 and to pay rent at the rate of Rs.65/- ( Rupees Sixty Five ) per sq.ft for the First Floor Room also from 01.04.24 till its actual surrender .
11. The expenses for registration of fresh Lease deed and surrender lease deed shall be bone by the Revision Petitioners Revision Petitioners M/s.Uthikkiyamannil Inter Optics fRoenptabc#nasn:g:::CpaMir' Shemmy Sam chandy% Shemmy Sam Sheny Skaria (Rep. by POA Holder Shemmy Sam Chandy "\|\asla\e¥t\:;~?i:.r.+6c:2"Oc;:\a kocY\\ Respondent Church of South India Trust Association Reptd . by POA Holders 1.Rev. Fr. Jiji John Jacob 2. Rev. Fr. Aniyan K Paul `..LificenUB
i```,,:,i\., , L.-.:, -5- 12. It is agreed by the parties that the terms and conditions agreed herein can be treated as part of the order in the above RCR and whl be executable by filing execution petition as usual , if necessary.
In view of this settlement, the parties pray that the above Rent Control Revision Petition may be decreed/disposed in terms of this agreement.
All facts are true and coITect.
Dated this the 2nd day of April, 2024 Revision Petitioners M/s.Uthikkiyamannil Inter Optics Contact Lens Clinic (Rep by Managing Shemmy Sam Chandy):;,Itn# Shemmy Sam Chan Sheny Skaria (Rep. by POA Hold Shemmy Sam Cha ##3o2`1o,g A BY .I. A uc^us I /I/ E- Counsel for the Revision Petitioners Respondent Church of South India Trust Association Reptd . by POA Holders 1.Rev. Fr. Jiji John Jaco 2. Rev. Fr. Aniyan K Paul y . `,i.
/„fto3/fy -e- counsJ#3rRmesvep:#ale=i:
The above Settlement Agreement is authenticated by me.
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