IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 CRP.No. 919 of 2005() --------------------- W OS.19/2004 of WAKF TRIBUNAL, ERNAKULAM .................... REVN. PETITIONER/DEFENDEANT. ---------------------------------------- K.K.ASHRAF, S/O.KUNJU MOHAMMED, AGED 40 YEARS, KOTTEMKERIVEETTIL, VENNALA, KOCHI-28. BY ADVS. SRI.SAIGI JACOB PALATTY SRI.P.C.THOMAS RESPONDENTS/PLAINTIFFS. ---------------------------------- 1. VENNALA MUSLIM JAMA-ATH,(VAKADKKANETHU), PALLAI WAKF, REPRESENTED BY PRESIDENT OF THE MANAGING COMMITTEE, SRI.M.D.ABDUL KADAR, AGED 75 VYEARS, S/O.ISMAIL MADATHIPARAMBIL, VENNALA, KOCHI-28. 2. SECRETARY OF THE MANAGING COMMITTEE, SRI.V.M.ABOOBACKER, AGED 44 YEARS, S/O.MOHAMMED, VADAKKANETH, VENNALA P.O., \ KOCHI-28. BY ADVS. SRI.P.S.USUPH FOR R1 & 2 SRI.P.U.ZIYAD FOR R1 & 2 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 09/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER IN I.A. NO. 2650 OF 2005 IN C.R.P. NO. 919 OF 2005. DISMISSED 9.7.2008 Sd/-(KURIAN JOSEPH, JUDGE) Sd/-(HARUN-UL-RASHID, JUDGE) KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- C.R.P.NO. 919 OF 2005 ---------------------------------------------------------------- Dated this the 9th day of July, 2008 O R D E R Harun-Ul-Rashid, J. The respondent in W.O.S. No.19 of 2004 on the file of the Wakf Tribunal, Ernakulam is the revision petitioner. The suit was filed by the respondents herein as plaintiffs for eviction of the defendant from the plaint schedule building. The Wakf Tribunal decreed the suit and the defendant was ordered to surrender vacant possession of the plaint schedule building to the plaintiffs. The Tribunal also allowed the plaintiffs to realise a sum of 27,056.25 from the defendant towards arrears of rent and Rs.1,136/- per month towards future damages for use and occupation of the building from the date of the suit till recovery of possession. A decree for mandatory injunction was also passed directing the defendant to remove plaint item No.3 and in default, the plaintiffs are entitled to get it removed by executing the decree. 2. As per the direction of this Court, the parties appeared before us on 28.5.2008. We had the assistance of Adv. Sri. E.S.M. Kabeer as C.R.P. NO.919/2005 2 conciliator-cum-mediator. The parties agreed for a settlement. One suggestion put to the parties was that out of the two rooms in the possession of the petitioner, the petitioner shall surrender one room within one month and pay Rs.1,000/- per month as rent for the occupation of the other room. The case was posted to 12.6.2008 and again on 9.7.2008. The parties appeared on both days. We also talked to the parties at length and the parties have agreed to settle their disputes. Accordingly, the revision petitioner agreed to vacate item No.2 (476 F) on or before 31.8.2008. The parties have also agreed to execute a fresh lease deed in respect of item No.1 (476 G) with a revised monthly rent of Rs.1,000/-. The parties also agreed that the nature of tenancy shall be at will and that the yearly enhancement of rent will be at the rate of 10%. It is also agreed between the parties that an amount of Rs.4,830/- paid in excess by the revision petitioner shall be adjusted towards future rent. The revised rate of rent will take effect from 1.9.2008. The parties have further agreed that if any amount is due from the revision petitioner to the landlord, the same can be recovered by the landlord. 3. The terms stated above are recorded. The parties shall abide by the terms agreed to between them. The impugned judgment is modified in terms of the agreement entered into between the parties. C.R.P. NO.919/2005 3 The Civil Revision Petition is disposed of as above. There will be no order as to costs. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ C.R.P. NO.919/2005 4 KURIAN JOSEPH & HAURN-UL-RASHID, JJ. C.R.P. NO. 919/2005 O R D E R 9th July, 2008