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Supreme CourtDivision Bench(1987) 02 SC CK 0103

V.S. Ahmed Thambi Maraicayar vs Revathi Store and Others

Supreme Court Of India · Decided on 12 February 1987 · Citation: (1987) 1 JT 532

HON’BLE JUDGES
R.V. Balakrishna Eradi, J · A.P. Sen, J
RESULT
Allowed
CASE NUMBER
Civil Appeal No. of 1987 (Arising Out of SLP No. 13186 of 1986)

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Judgment

11 paragraphs · 362 words
1.

Learned Counsel for the parties take a statement that the parties have settled their dispute on the terms set out below:

1.

Appellant V.S. Ahmed Thambi Maraicayar, the tenant, will, retain 50% of the ground floor and 40% of the first floor in his occupation and surrender to the Respondent Messrs Revathi Stores, the landlords, the remaining 50% of the ground floor and 60% of the first floor. The 40% portion on the first floor to be retained by the Appellant shall be carved out just above the portion occupied by him on the ground floor.

2.

The Appellant shall at his own cost construct the partition wall to demarcate the aforementioned portions.

3.

The Appellant will not use the existing staircase which will remain with the Respondent. The Appellant will at his own cost construct a new staircase for providing access from his portion on the ground floor to his portion on. the first floor.

4.

The Appellant shall be liable to pay rent for the portion of the demised premises to be retained by him @ Rs. 600 per mensem w.e.f. April 1, 1986.

5.

The cost of demarcation of the portion allotted to the Appellant shall be borne entirely by the Appellant.

6.

The Appellant will not assign, sublet or otherwise part with his leasehold interest to anyone without the written consent of the Respondent.

7.

The decree for eviction shall stand modified accordingly.

2.

We direct that the Chief Judge, Small Cause Court, Madras shall forthwith appoint a Surveyor Commissioner to effect the partition of the shop in accordance with the terms and conditions set out above. The Surveyor Commissioner so appointed shall carry out the work of construction of the partition wall at the cost of the Appellant, as agreed upon, by engaging a qualified contractor. The learned Judge will ensure that these directions are carried out within a period not exceeding three months from today.

3.

The appeal is allowed to the extent indicated above. The costs shall be borne by the parties as incurred.

4.

A copy of this order be sent by the Registry to the Chiefs Judge, Small Cause Court, Madras forthwith.