NAVINCHANDRA CHANDULAL AND CO Vs. BHAGWANDASS

JUDGEMENT

(1.) This Civil Revision has been preferred under Articel 227 of the Constitution of India, challenging the order, dated 12.2.2010 made in M.P. No. 458 of 2006 in E.P. No. 422 of 2006 in R.C.O.P. No. 1438 of 2002 on the file of the XI Judge, Court of Small Causes, Chennai, dismissing the E.A. No. 457 of 2006.

(2.) It is seen that the Rent Control Original Petition in R.C.O.P. No. 1438 of 2002 was filed by deceased, V. Bhagwandass, as landlord, under Section 10(2)(i) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 as amemded by Act 23 of 1963 (herein after referred to as Act), seeking order of eviction against the petitioners firm, the respondent in the R.C.O.P.

(3.) When the Rent Control Original Petition in R.C.O.P. No. 1438 of 2002 was pending, a joint memo of compromise, dated 28.2.2003 was filed by the landlord Bhagwandass and the petitioners firm herein, represented by its Partners, Thakkur Shah and Vittal Das Lallu Shah, in the open Court, signed by both the parties and their respective counsel. It is seen that P.W.1 and R.W.1 were examined and Exhibits P-1 and P-2 were also marked. The learned Rent Controller, considering the evidence and the joint memo of compromise and also the arguments advances by both sides, passed the order and decretal order, dated 28.2.2003, in terms of the compromise memo, as agreed by both the parties.