High Court of Madras dismissed a civil suit for possession and damages after the parties filed a Joint Compromise Memo settling the matter, which was decreed and formed part of the final decree.
Suit decreed in terms of the Joint Compromise Memo; parties to bear their own costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.01.2018
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.469 of 2013
1.S.Nazir Ahmed
2.S.Subhan ... Plaintiffs
..Vs..
1.Vasu
2.Mohan ... Defendants
Plaint filed under Order IV Rule 1 of O.S. Rules under Order VII
Rule 1 of C.P.C. praying to pass a judgment and decree:-
a)Directing the defendants to vacate and handover the out-house
portion more fully described in the Schedule 'B' hereunder to the Plaintiffs.
b)Direct the Defendants jointly and severally to pay Rs.3,60,000/towards for use and occupation, for the past three years.
c)Direct the Defendants jointly and severally to pay Rs.20,000/-
per month towards damages for use and occupation, from the date of http://www.judis.nic.in
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filing of this suit, till the date of decree and at the same rate till the date of Defendants handing over the vacant possession of the suit 'B'
Schedule property to the Plaintiffs.
d)Directing the Defendants to pay the Plaintiffs the costs of the
suit.
For Plaintiffs : Mr.P.B.Balaji
For Defendants : Mr.G.Arul Prasad
J U D G M E N T
Parties have settled the matter and a Joint Compromise Memo
has been filed. The suit is decreed in terms of the Joint Compromise
Memo. The Joint Compromise Memo shall form part of the decree.
Parties shall bear their own costs in the suit.
09.01.2018
KP
Index : Yes/ No
Internet : Yes/ No
Speaking Order/ Non-speaking Order
To
The Sub Assistant Registrar,
Original Side,
High Court,
Madras.
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List of the witnesses examined on the side of the plaintiff:
P.W.1 - S.Sushan
List of Exhibits marked on the side of the plaintiff:
| S.No. | Exhibits Date |
Description of Documents |
|---|---|---|
| 1 | P-1 21.01.2005 |
The original agreement of sale deed. |
| 2 | P-2 06.12.2005 |
The original supplementaryagreement. |
| 3 | P-3 28.01.2009 |
The certified copyof the sale deed. |
| 4 | P-4 -- |
The original encumbrance certificate. |
| 5 | P-5 -- |
The certified copy of the plaintif in C.S.No.440/2006. |
| 6 | P-6 --- |
The certified copy of the written statement in C.S.No.440/2006. |
| 7 | P-7 --- |
The photocopy of the Metro Water Tax Card. |
| 8 | P-8 -- |
Thephotocopyof thepropertytax card. |
| 9 | P-9 -- |
The sketchplan. |
List of the witnesses examined on the side of the defendant:
D.W-1 D.Mohan
List of Exhibits marked on the side of the defendant: Nil.
09.01.2018
KP
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R.SUBRAMANIAN, J.
KP
C.S.No.469 of 2013
09.01.2018
S.Nazir Ahmed
S.Subhan
Vasu
Mohan
R.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
