V.S. Ahmed Thambi Maraicayar. Vs. M/s. Revathi Store & Ors.
EmailAppeal: Civil Appeal No.362 of 1976.
Petitioner: V.S. Ahmed Thambi Maraicayar.
Respondent: M/s. Revathi Store & Ors.
Apeal: Civil Appeal No.362 of 1976.
Judges: A.P. SEN & V. BALAKRISHNA ERADI, JJ.
Date of Judgment: Feb 12, 1987
Appearances:
M/s. A.V. Rangam and Mr. T.S. Ratnam, Advocates for the Appellants.
M/s. M.N. Krishnamani and S.R., Sethia, Advocates for the Respondents.
Head Note:
Settlement of dispute between landlord and tenant – Demarcation of portions of the property by constructing partition wall – Chief Judge, Small Cause Court, Madras to appoint Surveyor Commissioner to effect the partition of shop in accordance with the terms and conditions of settlement.
JUDGEMENT:
ORDER
1. Learned counsel for the parties make a statement that the parties have settled their dispute on the terms set out below :
1.Appellant V.S. Ahmed Thambi Maraicayer, the tenant, will retain 50% of the ground floor and 40% of the first floor in his occupation and surrender to the respondent Messrs. Revathi Stores, the landlords, the remaining 50% of the ground floor and 60 % of the first floor. The 40% portion of the first floor to be retained by the appellant shall be carved out just above the portion occupied by him on the ground floor.
2.The appellant shall at his own cost construct the partition wall to demarcate the aforementioned portions.
3.The appellant will not use the existing staircase which will remain with the respondent. The appellant will at his own cost construct a new staircase for providing access from his portion on the ground floor to his portion on the first floor.
4.The appellant shall be liable to pay rent for the portion of the demised premises to be retained by him @ Rs. 600/- per mensem w.e.f. April 1, 1986.
5.The cost of demarcation of the portion allotted to the appellant shall be borne entirely by the appellant.
6.The appellant will not assign, sublet or otherwise part with his leasehold interest to anyone without the written consent of the respondent.
7.The decree for eviction shall stand modified accordingly.
2. We direct that the Chief Judge, Small Cause Court, Madras shall forthwith appoint a Surveyor Commissioner to effect the partition of the shop in accordance with the terms and conditions set out above. The Surveyor Commissioner so appointed shall carry out the work of construction of the partition wall at the cost of the appellant, as agreed upon, by engaging a qualified contractor. The learned Judge will ensure that these directions are carried out within a period not exceeding three months from today.
3. The appeal is allowed to the extent indicated above. The costs shall be borne by the parties as incurred.
4. A copy of this order be sent by the Registry to the Chief Judge, Small Cause Court, Madras forthwith.
1. Learned counsel for the parties make a statement that the parties have settled their dispute on the terms set out below :
1.Appellant V.S. Ahmed Thambi Maraicayer, the tenant, will retain 50% of the ground floor and 40% of the first floor in his occupation and surrender to the respondent Messrs. Revathi Stores, the landlords, the remaining 50% of the ground floor and 60 % of the first floor. The 40% portion of the first floor to be retained by the appellant shall be carved out just above the portion occupied by him on the ground floor.
2.The appellant shall at his own cost construct the partition wall to demarcate the aforementioned portions.
3.The appellant will not use the existing staircase which will remain with the respondent. The appellant will at his own cost construct a new staircase for providing access from his portion on the ground floor to his portion on the first floor.
4.The appellant shall be liable to pay rent for the portion of the demised premises to be retained by him @ Rs. 600/- per mensem w.e.f. April 1, 1986.
5.The cost of demarcation of the portion allotted to the appellant shall be borne entirely by the appellant.
6.The appellant will not assign, sublet or otherwise part with his leasehold interest to anyone without the written consent of the respondent.
7.The decree for eviction shall stand modified accordingly.
2. We direct that the Chief Judge, Small Cause Court, Madras shall forthwith appoint a Surveyor Commissioner to effect the partition of the shop in accordance with the terms and conditions set out above. The Surveyor Commissioner so appointed shall carry out the work of construction of the partition wall at the cost of the appellant, as agreed upon, by engaging a qualified contractor. The learned Judge will ensure that these directions are carried out within a period not exceeding three months from today.
3. The appeal is allowed to the extent indicated above. The costs shall be borne by the parties as incurred.
4. A copy of this order be sent by the Registry to the Chief Judge, Small Cause Court, Madras forthwith.
