Dewa Properties Limited v. The General Manager
Original PDF →Anil K. Narendran, J. The petitioner, who is the landlord in R.C.P.No.48 of 2019 on the file of the Rent Control Court (Additional Munsiff-IV), Thiruvananthapuram, and the respondent in R.C.A.No.18 of 2020 on the file of the Rent Control Appellate Authority (Additional District Judge-V), Thiruvananthapuram, has filed this Rent Control Revision, invoking the provisions under Section 20 of the Kerala Buildings (Lease and Rent Control) Act, 1965, challenging the judgment dated 24.08.2018 of the Rent Control Appellate Authority in R.C.A.No.18 of 2020 whereby, the order of eviction granted by the Rent Control Court in R.C.P.No.48 of 2019 has been set aside and the matter remanded back to the Rent Control Court for adjudication of the disputes afresh.
On 09.11.2021, when this Rent Control Revision came up for admission, this Court admitted the matter on file and the respondents-tenants entered appearance through the learned counsel.
On 22.12.2021, when the matter came up for
-4- RCREV. NO. 152 OF 2021 consideration, the learned counsel for the petitioner and also the learned counsel for the respondents submitted that the parties are ready to explore the possibility of settlement of the dispute by way of mediation. Therefore, this Court directed both parties to appear before the Nodal Officer, Ernakulam Mediation Centre, in the premises of this Court, on 07.01.2022 at 10.15 am. It was made clear that the petitioner and the respondents shall be represented by duly authorised officers. The matter was ordered to be listed on 20.01.2022 along with the report of the mediator.
On 20.01.2022, when the matter was taken up for consideration, it is reported by the learned counsel on both sides that the mediation talks are going on.
Heard the learned counsel for the petitioner- landlord and also the learned counsel for the respondents- tenants.
The learned counsel for the petitioner and also the learned counsel for the respondents would submit that the parties have settled the disputes in mediation and have entered into a Memorandum of Mediation Settlement
-5- RCREV. NO. 152 OF 2021 Agreement dated 23.02.2022, executed under Section 89 of the Code of Civil Procedure, 1908, read with Rule 24 of the Civil Procedure (Alternative Dispute Resolution) Rules 2008. The said memorandum is placed on record along with the report of the Mediator.
It is also submitted by the learned counsel on both sides that the entire arrears of rent has already been paid by the respondents-tenants in terms of the aforesaid settlement agreement. In such circumstances, this Rent Control Revision is disposed of, in terms of the Memorandum of Settlement Agreement dated 23.02.2022, which shall form part of this order. ANIL K. NARENDRAN, JUDGE P.G. AJITHKUMAR, JUDGE AV/11/3
-6- RCREV. NO. 152 OF 2021 APPENDIX OF RCREV. 152/2021 PETITIONER ANNEXURES Annexure 1 THE TRUE TYPED COPY OF THE ORDER DATED 28.2.2019 IN RCP 64/2009 OF THIS HON'BLE RENT CONTROL COURT, TRIVANDRUM. Annexure 2 THE TRUE TYPED COPY OF THE JUDGMENT IN RCA 11/2019 DATED 22.7.2020 OF THIS HON'BLE RENT CONTROL APPELLATE AUTHORITY, THIRUVANANTHAPURAM. Annexure 3 THE TRUE TYPED COPY OF THE ORDER DATED 19.11.2020 IN RCREV.NO.183/2020 OF THIS HON'BLE COURT. Annexure 4 THEOF THE RELEVANT PAGE OF THE ORDER DATED 23.2.2021 IN SPECIAL LEAVE TO APPEAL (C) 1540/2021 OF HON'BLE SUPREME COURT OF INDIA. Annexure 5 THEOF THE ORDER RP 381/2021 IN RCREV.NO.183/2020 DATED 24.6.2021 OF THIS HON'BLE COURT. Annexure 6 THEOF THE ORDER IN IA 3/2021 IN RP 381/2021 IN RCREV NO.183/2020 DATED 29.7.2021 OF THIS HON'BLE COURT. Annexure 7 THEOF THE ORDER DATED 23.9.2021 IN RP 383/2021 OF THIS HON'BLE COURT. Annexure 8 THEOF THE RELEVANT PAGE OF THE ORDER IN RECORD OF PROCEEDING DATED 29.9.2021 IN PETITIONS FOR SPECIAL LEAVE TO APPEAL (C) NOS.14133-14134/2021 OF HON'BLE SUPREME COURT OF INDIA.
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