V. Ramasubramanian, J. - (1.) The respondents in these two civil revision petitions are the legal heirs of one R.K. Mahesh. The said R.K. Mahesh filed a suit in O.S. No. 1177 of 2006 on the file of the VII Additional Senior Civil Judge, Vijayawada against one G.S.H. Prasad, who is arrayed as the 6th respondent in these two revisions. The suit was for recovery of possession. The suit in O.S. No. 1177 of 2006 filed by R.K. Mahesh against G.S.H. Prasad, arose under very peculiar circumstances.
(2.) It appears that the landlord R.K. Mahesh let out the plaint schedule property to one G.C.M. Banerjee for non-residential purposes long time ago. The landlord (R.K. Mahesh) initiated proceedings for eviction against the said G.C.M. Banerjee in O.S. No. 143 of 1994. But the suit was dismissed on the ground that the quit notice issued under Section 106 was not a valid one and also on the ground that the tenant was a company by name Associated Automotive Sales Private Limited, represented by Sri G.C.M. Banerjee.
(3.) Thereafter, the landlord R.K. Mahesh issued a fresh quit notice as against two companies, viz., Associated Automotive Sales Private Limited and Associated Auto Service Private Limited, and then came up with a fresh suit in O.S. No. 99 of 200 In this suit, a joint memo of compromise was filed, based upon which a decree was passed to the following effect. (i) that the suit be and the same is hereby dismissed recording joint memo. (ii) that the lease period agreed is 10 years i.e., from 1st June 2006 to 31st May 2016. (iii) That the agreed rent is Rs. 10,000/- p.m. payable by the second party to the first party before 10th day of succeeding month and obtain a valid receipt day for. (iv) That the 2nd party cannot contend at any point of time that rent is paid without receipt. (v) That the 1st party shall pay the property tax and the 2nd party shall pay all the other taxes connected to their business. (vi) That the 2nd party shall pay the electricity consumption charges separately apart from rent as per meter reading. (vii) That the 2nd party agreed to enhance the rent from every 4 years on the rent @ 20% and the same is accepted by the 1st party. (viii) That the 2nd party shall not submit the scheduled property to any third party. (ix) That the 2nd party shall not make any external alteration to the schedule property without written consent of the 1st party. (x) That during the subsistence of the tenancy if any damage is caused to the schedule property while it is in possession tenant, the tenant shall make good to the loss so as to restore the property to a good condition. (xi) That after the completion of agreed period of lease, the lease can be extended upon the mutual agreement of both parties. (xii) That any of the parties, both parties shall co-operate with each other and shall execute a regular lease deed on requisite stamp paper and get the same registered at the expenses of both parties. (xiii) That the clause of this lease deed is consideration to the other clause. (xiv) That G.S.H. Prasad, brother of G.C.M. Benarjee is the tenant of the 1st party from 01-06-2006 and is permitted to carry his or his associates business and he shall pay rents regularly and (xv) That the both parties do bear their own costs of Rs. Nil. ;