MOHAMMED HANEEF SAIT Vs. AZRA SAJJAD

JUDGEMENT

(1.) THE appellant herein is the defendant in O.S. No. 481/2010. The suit in question had been filed seeking for the judgment and decree of ejectment of the defendant from the suit schedule premises. The Court below after considering the rival contentions had decreed the suit for ejectment and had also directed payment of arrears of rent. The defendant/tenant is therefore before this Court in this appeal.

(2.) DURING the pendency of the appeal, the matter had been referred to the Bangalore Mediation Centre to explore the possibility of settlement being arrived at between the parties. After negotiations, the terms of settlement has been reduced into a memorandum of settlement as contemplated under Section 89 of Civil Procedure Code. The terms agreed therein is confirmed by the learned counsel for the parties and the parties who are present before this Court. As per the terms, the enforcement of the judgment and decree for ejectment would stand postponed till 31.12.2014, since, the respondent herein has agreed to grant time to the appellant to vacate the premises by that period. For the said period which has been agreed, the revised terms of the compensation to be paid for the occupation of the premises on monthly basis has also been agreed to in the memorandum of settlement. The memorandum of settlement is therefore made a part of the records of this appeal and the appeal is to be disposed of in terms of the memorandum of settlement agreed between the parties, which would bind them. In that view, as per the calculation which has been made by the learned counsel for the respondent and as indicated in the memo filed before this Court, a sum of Rs. 7 lakhs was to be paid by the appellant herein to the respondent. Towards additional advance amount, a sum of Rs. 5 lakhs has been tendered by way of Demand Draft. Towards the additional rent, which had been agreed, a sum of Rs. 2 lakhs which has accrued was to be paid. However, a Demand Draft bearing no. 085059 dated 12.09.2012 only for Rs. 1,80,000/- has been tendered indicating that the Rs.20,000/- which has been deducted is towards payment of tax as it has been deducted at source.