Swamy Gowda vs V.Narayanappa
2021 Latest Caselaw 4915 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 26TH DAY OF NOVEMBER, 2021

                          BEFORE

            THE HON'BLE Mr. JUSTICE R.NATARAJ

                  HRRP NO. 23 OF 2021

BETWEEN:

1.     SWAMY GOWDA
       S/O LATE HALAPPA GOWDA
       AGED ABOUT 56 YEARS
       R/O G.P. ROAD
       SAGARA TOWN - 577 401
       SHIVAMOGGA DISTRICT.

2.     PRAKASH @ SADANANDA
       S/O LATE HALAPPA GOWDA
       AGED ABOUT 51 YEARS
       R/O G.P. ROAD
       SAGARA TOWN - 577 401
       SHIVAMOGGA DISTRICT.
                                            ... PETITIONERS

(BY SRI. S.V. PRAKASH, ADVOCATE)

AND:

V. NARAYANAPPA
S/O PUNDALIKAPPA
AGED ABOUT 78 YEARS
R/O 1ST CROSS
CHANNAPPA LAYOUT
SHIVAMOGGA - 577 201.
                                           ... RESPONDENT

(BY SMT. VIJAYA M.N., ADVOCATE FOR C/R)

      THIS HRRP IS FILED UNDER SECTION 115 OF CPC, AGAINST
THE    ORDER     DATED:    11.02.2021   PASSED   IN    HRC
R.P.NO.10001/2020 ON THE FILE OF THE V ADDITIONAL DISTRICT
AND SESSIONS JUDGE, SHIVAMOGGA, SITTING AT SAGAR
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DISMISSING THE REVISION PETITION AND CONFIRMING THE
ORDER DATED: 29.02.2020 PASSED IN HRC. NO.1/2018 ON THE
FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, SAGAR,
ALLOWING THE PETITION FILED UNDER SECTION 27(2)(A) AND
(R) OF KARNATAKA RENT ACT.

     THIS HRRP COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:

                           ORDER

This Revision Petition is filed under Section 115 of CPC

challenging the Judgment passed by the Principal Civil Judge

and JMFC, Sagar in HRC No.1/2018 which was confirmed by

the District Court in HRC Revision Petition No.10001/2020.

2. Learned counsel for the petitioners, after addressing

arguments, submitted that the parties would explore the

possibility of amicable settlement. Consequent there to, a

joint memo is filed in terms of which, the landlord has agreed

to permit the tenant to continue in the premises till

30.11.2022 subject to the tenant paying a sum of Rs.1,000/-

p.m., from 01.12.2021 till 30.11.2022.

3. The said compromise is just and reasonable and

therefore, the same is accepted. The impugned judgment in

HRC No.1/18 & HRC Revision Petition No.10001/2020 are

upheld. This Revision Petition stands disposed of in terms of

joint memo.

4. In addition, the petitioners shall file an affidavit

undertaking that:

i) They shall quit and deliver vacant possession of the petition premises by 30.11.2022;

ii) They shall pay rent at the rate of Rs.1,000/- p.m., from 01.12.2021 till 30.11.2022;

ii) They shall undertake that they shall not compel the landlord to file an Execution Petition to evict them from the petition schedule premises;

iv) They shall not underlet or sublet any portion of the petition premises.

v) In case if the tenant fails to vacate the premises on 30.11.2022, the tenant shall be liable to pay rent at the rate of Rs.1,000/- p.m., till such time he vacates the premises.

The affidavit shall be filed within a period of two weeks.

Sd/-

JUDGE bnv*