BEFORE THE LOK ADALAT ORGANIZED BY THE KERALA HIGH COURT LEGAL SERVICES COMMITTEE AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE K.JOHN MATHEW (RETD.JUDGE, HIGH COURT OF KERALA) & THE HONOURABLE MR. JUSTICE T.K.CHANDRASEKHARADAS (RETD. JUDGE, HIGH COURT OF KERALA) THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 SA.No. 753 of 1995() -------------------- AS.49/1992 of PRINCIPAL SUB COURT,ERNAKULAM OS.99/1983 of II ADDL.MUNSIFF COURT, ERNAKULAM .................... APPELLANT/APPELLANT/PLAINTIFF: -------------------------------------- SULAIKHA BAI TRUST HAVING ITS OFFICE AT MATTANCHERRY, KOCHI-2, REPRESENTED BY ITS MANAGING TRUSTEE H.E. AHAMMED TAHU SAIT S/o.LATE HAJI ISHACK SAIT, RESIDING AT RAVIPURAM, ERNAKULAM. BY MR.R.LAKSHMI NARAYAN, ADVOCATE SMT.R.RANJINI, ADVOCATE RESPONDENT/RESPONDENT/DEFENDANT: ---------------------------------------------- 1. RICHARD JOHNS AGED ABOUT 70 YEARS RESIDING AT HOUSE NO.XL/4378 MARKET ROAD, ERNAKULAM (*DIED) ADDL.R2: PRIME ROSE, W/o.LATE RICHARD JOHNS, RESIDING AT HOUSE NO.XL/4378, MARKET ROAD, ERNAKULAM. ADDL.R3: ADELINE, D/o.RICHARD JOHNS, RESIDING AT HOUSE NO.XL/4378, MARKET ROAD, ERNAKULAM. ADDL.R4: ROHITH, S/o.RICHARD JOHNS, RESIDING AT HOUSE NO.XL/4378, MARKET ROAD, ERNAKULAM. S.A.No.753/1995 ADDL.R5: MARY, D/o.RICHARD JOHNS, RESIDING AT HOUSE NO.XL/4378, MARKET ROAD, ERNAKULAM. (* ADDL. R2 TO 5 IS IMPLEADED AS THE LR'S OF DECEASED SOLE RESPONDENT VIDE ORDER DATED 29/06/2009 IN I.A.No.289/2009) BY MR.K.P.ARAVINDAKSHAN, ADVOCATE THIS SECOND APPEAL HAVING COME UP FOR DETERMINATION AT THE LOK ADALAT ON 03/12/2009, AND THE PARTIES HAVING SETTLED THE MATTER, THE FOLLOWING AWARD IS PASSED IN TERMS OF SETTLEMENT: JUSTICE K.JOHN MATHEW (RETD.JUDGE, HIGH COURT OF KERALA) & JUSTICE T.K.CHANDRASEKHARA DAS (RETD.JUDGE, HIGH COURT OF KERALA) ============================== S.A.No.753 of 1995 =============================== Dated this the 3rd day of December, 2009 AWARD Respondents are agreeable to the terms proposed in the order dated 16.11.2009. The agreed terms are as follows: The dispute is settled on condition that three cents of property and the existing building therein behind the MGM College building is given to the respondents. Over and above this the appellant has paid today to the respondents Rs.3,00,000/-(Rupees three lakh only) by cheque No.185-1 dated 03.12.2009, drawn on Canara Bank in favour of the second respondent – Smt.Prime Rose John(W/o. the deceased first respondent) and on behalf of all the legal heirs of the first respondent. The cheque has been handed over to the second respondent in our presence. The respondents are given four months time from today to vacate the petition schedule premises which is the subject matter of the appeal. On 03.04.2010, the respondents shall surrender the vacant possession of the building involved in the appeal to the appellant. The respondents are permitted to apply for fresh water connection and electric connection. In case there is any arrears of water charges or electric charges as on today, the appellant will S.A.No.753/1995 2 pay all the arrears. In case it is necessary respondents are free to apply to the land tribunal to issue purchase certificate for three cents now surrendered by the appellant. The appellant agreed that he will co-operate with the respondents for obtaining purchase certificate from the land tribunal in respect of the agreed property. Key of the alternate building is also handed over today in our presence. The second appeal is disposed of as settled. K.JOHN MATHEW (RETD.JUDGE, HIGH COURT OF KERALA) T.K.CHANDRASEKHARA DAS (RETD.JUDGE, HIGH COURT OF KERALA) dvs