IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 RFA.No. 119 of 2008() --------------------- OS.465/2004 of II ADDL.SUB COURT,ERNAKULAM .................... APPELLANTS: DEFENDANTS 1 AND 2 IN THE O.S. ----------------------------------------------- 1. STATE OF KERALA, REP. BY CHIEF SECRETARY KERALA STATE, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE, CB CID, CFS (ALSO DESCRIBED AS CID STG II) ERNAKULAM, NOW HAVING ITS OFFICE AT NEHRU INTERNATIONAL COMPLEX KALOOR, COCHIN-17. BY SR. GOVERNMENT PLEADER SHRI R. LAKSHMINARAYANAN RESPONDENT: PLAINTIFF IN THE O.S. ---------------------------------- N.A.K. HAJEE, AGED 63, S/O.ABDULLA NARIPUNNINATH, ERNAKULAM, KOCHI-18. BY ADV. SRI.P.S.USUPH SRI.P.U.ZIYAD THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON 04/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: I.A. NO.958/2008 DISMISSED. 4/8/2008 SD/- P.R. RAMAN, JUDGE. SD/- T.R. RAMACHANDRAN NAIR, JUDGE. // TRUE COPY // P.S. TO JUDGE P.R.Raman & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - R.F.A. No.119 of 2008 - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of August, 2008. JUDGMENT Ramachandran Nair, J. This appeal arises from the judgment and decree in O.S.No.465/2004 on the file of the IInd Addl. Subordiante Judge's Court, Ernakulam. The suit was filed for recovery of arrears of rent. It was decreed allowing the plaintiff to realise a sum of Rs.4,99,324/- with interest at the rate of 6% per annum from the date of suit till realisation. The court below held that the plaintiff is entitled to get Rs.8,400/- per month as rent from 5.11.1997. 2. When the matter came up for hearing on 11.7.2008, the learned Government Pleader submitted that the Government is willing to settle the matter by paying Rs.7,000/- per month and the case was adjourned to produce the formal orders issued by the Government. Today, the learned Govt. Pleader made available a copy of the Government letter dated 18.6.2008 wherein the Government agreed that they are willing to pay rent at the rate of Rs.7,000/- per month to the plaintiff. The letter reads as follows: RFA 119/2008 -2- “Inviting attention to the reference cited, I am to inform you that Government is willing to pay enhanced rent at the rate of Rs.7,000/- (Rupees seven thousand only) per month with effect from 6.11.1997 to 16.8.2004, for the building. I am also to request you to take urgent steps to present the matter before the Hon'ble High Court and to settle the case. Sufficient orders in the matter will be issued by the Government at the earliest.” Learned counsel for the plaintiff fairly agreed that the decree can be modified as per the above proposal mooted by the Government. 3. Accordingly, the judgment and decree of the court below will stand modified. The plaintiff is allowed to realise rent at the rate of Rs.7,000/- per month from 5.11.1997 till 16.8.2004. Thus, he is entitled to realise a total amount of Rs.3,85,457/- with future interest at the rate of 6% per annum. The appellant will pay the said amount to the respondent within a period of four months, failing which, he will be entitled to execute the decree in accordance with law. The plaintiff will also be entitled to proportionate costs incurred in the suit. The appeal is disposed of in terms of the settlement. The decree RFA 119/2008 -3- and judgment will stand modified accordingly. We direct the parties to suffer their costs in this appeal. ( P.R.Raman, Judge.) (T.R. Ramachandran Nair, Judge.) kav/