BEFORE THE LOK ADALATH ORGANIZED BY THE KERALA HIGH COURT LEGAL SERVICES COMMITTEE PRESENT : THE HONOURABLE MR. JUSTICE T.K.CHANDRASEKHARA DAS (RETD. JUDGE, HIGH COURT OF KERALA) AND SHRI K. J.THOMAS STANLEY (RETD. DIST.JUDGE) THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 RSA.No. 116 of 2006(E) --------------------- AS.24/2003 of SUB COURT,THODUPUZHA OS.51/2001 of MUNI-MAGI COURT, DEVICOLAM .................... APPELLANTS/APPELLANTS/DEFENDANTS: ---------------------------- 1. PERIALETCHMI, W/O.LATE POOCHAN, AGED LINE NO.06-81 (UNIT NO.1), WARD NO.V/31, PALLIVASAL PANCHAYAT, PALLIVASAL ESTATE, PALLIVASAL VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT. 2. MURUGAN, S/O.PERIALETCHMI, AGED 35, DO. DO. 3. THARA, W/O.MURUGESAN, AGED 30, DO. DO. 4. JOTHI, D/O.PERIALETCHMI, AGED 28, DO. DO. BY ADV. DR.V.N.SANKARJEE SMT.R.UDAYA JYOTHI RESPONDENT/RESPONDENT/PLAINTIFF: ------------- M/S.TATA TEA LTD.,A PUBLIC LTD.COMPANY, INCORPORATED IN INDIA WITH ITS REGISTERED OFFICE AT I, BISHOP LEFROY ROAD, CALCUTTA, AND HAVING ITS REGIONAL OFFICE AT MUNNAR, K.D.H.VILLAGE, REP. BY THE DEPUTY MANAGER, SOUTH INDIA ESTATE DEPARTMENT, TATA TEA LTD, MUNNAR,K.D.H.VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.JOSEPH MARKOSE (SR.) SRI.MITHUN MARKOS SRI.MATHEWS K.UTHUPPACHAN THIS REGULAR SECOND APPEAL HAVING COME UP FOR DETERMINATION AT THE LOK ADALATH AND THE PARTIES HAVING SETTLED THE MATTER, THE FOLLOWING AWARD IS PASSED IN TERMS OF THE SETTLEMENT: JUSTICE T.K.CHANDRASEKHARA DAS (RETD. JUDGE, HIGH COURT OF KERALA) AND SRI.K.J.THOMAS STANLEY (RETD. DISTRICT JUDGE) ----------------------------------------------- R.S.A. No. 116 of 2006 (E) ----------------------------------------------- Dated this the 12th day of June, 2008 AWARD The plaintiff in O.S. No.51/2001 filed the suit for recovery of possession of the property and the same has been decreed by the court below against defendant, Perialetchmi. Perialetchmi filed this appeal challenging decree of court below in A.S. No.24/2003 before District Sub Court, Thodupuzha and the same was dismissed and against that Perialetchmi filed this R.S.A. We have discussed with the counsel appearing for the parties and also representative of Tata Tea Company. Perialetchmi is also present. It has been agreed between the parties that Building Nos.31, 70 and 71 situated in Ward No.V, Pallivasal Panchayath (suit property in A and B schedule properties) will be occupied by Perialetchmi till her death as a licencee and after her death these structures will be divested to the plaintiff. It has also been agreed that Perialetchmi will not create any third party interest in her life time in respect of the building. With these conditions, R.S.A. No. 116/2006/E -2- the matter has been settled and the decree of the court below is modified to the extent as indicated above. The appeal is closed as settled. Sd/- JUSTICE T.K.CHANDRASEKHARA DAS (RETD. JUDGE, HIGH COURT OF KERALA) Sd/- SRI.K.J.THOMAS STANLEY (RETD. DISTRICT JUDGE) jp /True Copy/ P.A. to Judge