Madras High Court
His Holiness Sri Subhedeendra vs V.Dilipkumar on 26 August, 2016
Author: M.M.Sundresh
Bench: M.M.Sundresh
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26.08.2016 CORAM THE HONOURABLE MR.JUSTICE M.M.SUNDRESH C.S.No.284 of 2016 and O.A.No.411 of 2016 His Holiness Sri Subhedeendra Theertharu Swamiji Peetadhipathi of Nanjangud Sri Mutt Raghavendra Swami Mutt rep. by Power of Attorney L.Surendra Kumar ... Plaintiff Vs V.Dilipkumar ... Defendant Plaint filed under Order IV Rule 1 O.S. Rules r/w Order VII Rule 1 C.P.C. For Plaintiff : Mr.R.Raman Lal For Defendant : Mr.P.Subba Reddy JUDGMENT
This suit has been filed for the following reliefs:
(i) directing the defendant to vacate and hand over vacant possession of the suit property to the plaintiff and for recovery of a sum of Rs.17,25,830/- as damages for use and occupation from 13.11.2015 till the date of presentation of the plaint and for future damages for use and occupation at the rate of Rs.3,25,000/- per month from the date of the plaint till the date of recovery of the suit property; and
(ii) grant an order of injunction restraining the defendant from anyway taking any bookings for marriage, for any other functions or for any other purpose in the suit property.
2. Pending the suit, the Original Application has been referred for mediation to Tamil Nadu Mediation and Conciliation Centre, High Court, Madras. A counter claim has also been laid.
3.A communication dated 11.08.2016 of the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, enclosing a copy of its report dated 11.08.2016 has been received, wherein it is stated as follows:-
"Both the parties appeared before the centre along with their counsel. Matter has been settled between them as per the terms cited in the Mediation Agreement which is enclosed. Hence the matter is sent back to the Hon'ble Court."
4.The parties have arrived at a settlement and the mediation agreement dated 11.08.2016 has been signed by the parties, duly attested by the respective counsel. The terms of the mediation agreement dated 12.08.2016 read as under:
"1.The plaintiff has agreed to extend the time to vacate the entire premises of the kalyana mandapam except the staff quarters at the 3rd Floor upto 31st March 2017.
2.The defendant is allowed to make bookings for the kalyana mandapam from today (11.08.2016) onwards upto 31st March 2017.
3.The plaintiff agreed and shall pay to the defendant a sum of Rs.30,00,000/- (Rupees Thirty Lakhs only) against the claim of Rs.45,00,000/- (Rupees Forty Five Lakhs only) made by the defendant.
4.The plaintiff shall refund to the defendant a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) towards the lease advance as per the schedule of payment given below.
5.The defendant has agreed to receive and the plaintiff has agreed to give Rs.10,00,000/- (Rupees Ten Lakhs only) within a week's time; Rs.15,00,000/- (Rupees Fifteen Lakhs only) at the time of vacating the kalyana mandapam, ground, 1st and 2nd floors which is on 31st March 2017; and the balance Rs.15 lakhs at the time of vacating the 3rd floor staff quarters which is on 31.08.2017.
6.The defendant shall vacate and hand over the entire premises except the 3rd floor quarters to the plaintiff on 1st April 2017 without fail.
7.The defendant shall continue to pay the monthly rent at the existing lease rent till he vacates the premises on 1st April 2017.
8.The defendant is permitted to stay in the 3rd floor quarters till 31.08.2017 on that date he will vacate and handover the vacant possession to the plaintiff without fail.
9.The defendant shall give the kalyana mandapam for aradhana of Sri Ragavendra Swamigal on 19.08.2016 and try to organize/provide dining hall for lunch on 20.08.2016 between 11.00 a.m. and 3.00 p.m. The parties have agreed to strictly comply with the above terms without fail.
5. A counter claim in favour of the defendant is also decreed for a sum of Rs.30 lakhs as against the claim of Rs.45 lakhs in terms of Clause 3 of the mediation agreement dated 11.08.2016, which also forms part of the decree.
6. In terms of the settlement arrived at between the parties which is recorded under the mediation agreement dated 11.08.2016 by the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, this Civil Suit and the Original Application are disposed of. The mediation agreement shall form part of the decree. No costs.
7.In view of the joint submissions made by the learned counsel for the parties, the mediators viz., Mr.N.Chandra Raj and Ms.R.Dhanalakshmi shall be paid a sum of Rs.25,000/- by the plaintiff and the defendant, as agreed by the learned counsel for the plaintiff and the defendant.
26.08.2016 mmi To The Sub Assistant Registrar, Original Side, High Court, Madras.
M.M.SUNDRESH,J mmi C.S.No.284 of 2016 26.08.2016 Refund of Court Fee:
In view of the settlement arrived at between the parties, the plaintiff is entitled to get back the full amount of Court fee as per Section 69-A of the Tamil Nadu Court-Fees and Suits Valuation (Amendment) Act, 2007 (T.N.Act No.44/2007), which provides that "where the Court refers the parties to the suit to any one of the modes of settlement of dispute referred to in Section 89 of the Code of Civil Procedure, 1908 (Central Act V of 1908), the plaintiff shall be entitled to a certificate from the Court authorising him to receive back the full amount of fee paid in respect of such plaint if the dispute referred by the Court is settled". Therefore, the plaintiff is directed to obtain necessary authorization certificate from the Court in order to get back the full amount of the Court fee paid by him in respect of the suit.