Karnataka High Court
Sri Rajgopal N vs Ms Meera Rajesh on 10 November, 2021
Bench: R. Nataraj
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF NOVEMBER 2021
BEFORE
THE HON'BLE MR.JUSTICE R. NATARAJ
CIVIL REVISION PETITION NO.436/2019
BETWEEN:
SRI RAJGOPAL N.,
S/O H. NAGENDRASA
AGED ABOUT 68 YEARS
M/S. SRINIVASA TEXTILES
SHOP NO.18/1,
CORPORATION NO.18,
D. RANGAIAH COMPLEX,
GROUND FLOOR,
BVK IYENGAR ROAD,
BENGALURU - 560 053. ... PETITIONER
(BY SRI. SANGAMESH R.B., ADVOCATE)
AND:
MS. MEERA RAJESH
D/O LATE R. GOVINDARAJ
AGED ABOUT 44 YEARS
R/AT: NO.K 3/84, 1 FLOOR,
DLF PHASE II,
GURGAON, HARYANA.
REPRESENTED BY HER SPA HOLDER:
SRI R. VENKATESH
S/O LATE D. RANGAIAH
AGED ABOUT 67 YEARS
R/AT NO.19/2,
"JAYARANGA",
2
RAILWAY PARALLEL ROAD,
NEHRUNAGAR,
BENGALURU - 560 020. ... RESPONDENT
(BY SRI VENKATESH P. DALWAI, ADVOCATE)
THIS CIVIL REVISION PETITION IS FILED UNDER SECTION
18 OF THE SMALL CAUSES ACT, AGAINST THE JUDGMENT AND
DECREE DATED 02.08.2019 PASSED IN SC NO.1595/2018 ON
THE FILE OF THE VIII ADDL. JUDGE AND ACMM, COURT OF
SMALL CAUSES, BENGALURU DECREEING THE SUIT FOR
EVICTION.
THIS CIVIL REVISION PETITION COMING ON FOR
ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
The petitioner/tenant in S.C.No.1595/2018 on the file
of Court of Small Causes at Bengaluru (SCCH-5) has
challenged the judgment dated 02.08.2019 ejecting him
from the suit schedule property.
2. During the course of this petition, the parties have
arrived at a settlement, the terms of which reads as follows:
COMPROMISE PETITION UNDER ORDER 23 RULE OF
THE CODE OF CIVIL PROCEDURE
The Petitioner has filed this Civil Revision Petition
challenging the eviction order passed against him in S.C.
No.1595/2008 by its Judgment dated 02.08.2019 passed
by the learned trail Court. The Respondent is the
landlord of the suit schedule property which is being
occupied by the Petitioner under the Registered Lease
Deed dated 24.04.2008. Now with the intervention of
well-wishers and respective counsels of the both the
parties herein the dispute between the Petitioner and
Respondent is settled out of court. The terms and
condition of the compromise agreed between the both
the parties are as follows:
1. The Petitioner admits that he is the tenant under
the Respondent in respect of the suit schedule
property as per the Registered Lease Deed dated
24.04.2008.
2. The Petitioner has agreed to deliver and vacate
and hand over vacant Physical possession of the
suit schedule property to the Respondent
voluntarily on or before 31.12.2021 without
seeking any further time in this regard under
whatever circumstances. Considering the request
of the Petitioner the respondent has agreed to
grant time to Petitioner to vacate the suit
schedule property on or before 31.12.2021.
3. The Petitioner hereby undertakes that he shall not
sub let or under let the whole or any part of the
schedule property to any third party and further
he shall not part with the possession of the
schedule property either in whole or in part to
anybody during the above said period.
4. Both the parties have mutually agreed and have
come for the understanding that the Respondent
shall waive off the arrears of rent along with
future rent till 31.12.2021 from Petitioner from
February 2021 to December 2021 that is
Rs.8,978.76 x 11 months=Rs.98,766.36/- which
shall be the total rent due till 31.12.2021. The
Petitioner hereby agrees and undertakes to hand
over peaceful physical possession of the suit
schedule Property to Respondent as agreed upon.
The Petitioner shall pay the electricity charges in
respect of schedule property as and when the
same become due till he vacates the same as
agreed upon. The Respondent herein has agreed
to refund the security deposit amount of
Rs.5,10,000/- (Rupees Five Lakh Ten Thousand
Only) back to the Petitioner at the time of handing
over the key and Physical Possession of the
Schedule Property on 31.12.2021.
5. In the event of the Petitioner fails to vacate and
hand over vacant possession of the suit schedule
property within the stipulated time as agreed
upon then the Petitioner shall pay the arrears of
rent to Respondent from February 2021 to till the
date he vacates the schedule Property as agreed
upon. The Respondent shall be entitled to
execute this compromise decree and take physical
possession of the Schedule Property and also
recover arrears of rent from the petitioner or
deduct the rents from the advance deposit to be
refunded.
6. The Petitioner is entitled for peaceful possession
and enjoyment of the schedule Property till
31.12.2021, subject to violation of any above
clause. The time granted under this compromise
without any let or hindrance by the Respondent or
her agents and representatives subject to the
condition stipulated above.
Wherefore both Petitioner and Respondent herein pray
that this Hon'ble Court be pleased to decree the suit in
terms of this compromise in the interest of justice.
SCHEDULE PROPERTY
Shop No.18/1 in property bearing Corporation No.18,
P.I.D. No.28-155-18, Known as D. Rangaiah Complex,
situated on the Ground Floor, B.V.K. Iyengar Road,
Bangalore - 560 053 and the measurement of the shop is
about East to West 16 feet and North to South 10 feet
having super built up area of 160 Sq. Feet with cement
flooring, bounded on the:
EAST BY : Private Property.
WEST BY : Road
NORTH BY: Remaining portion of the same Property
SOUTH BY: Private Property
3. As per the terms of the compromise, the parties
have agreed that the tenancy shall be continued till
31.12.2021 and the respondent/plaintiff shall return the
advance/security deposit amount of Rs.5,10,000/- (Rupees
Five Lakhs Ten thousand only) to the petitioner/defendant
by 31.12.2021. The respondent has also agreed to waive
off the arrears of rent along with future rent till 31.12.2021.
The compromise entered into between the parties is just
and reasonable and the same is accepted.
4. In view of the compromise entered into between
the parties, the Civil Revision Petition is disposed off.
The impugned judgment passed by the Court of Small
Causes at Bengaluru (SCCH-5) in S.C.No.1595/2018 is
upheld subject to compromise entered into between the
parties.
5. The petitioner and the respondent who are present
before the court are identified by their respective counsel
and as a token of acceptance of this compromise, the
parties have signed the order sheet of this court.
Sd/-
JUDGE
Np/-
