Shri. K. M. Shankar vs Smt. L. Venkatamma
2023 Latest Caselaw 3333 Kant

                                               -1-
                                                      NC: 2023:KHC:20574
                                                         CRP No. 330 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 15TH DAY OF JUNE, 2023

                                            BEFORE
                             THE HON'BLE MR JUSTICE H.P.SANDESH
                           CIVIL REVISION PETITION NO. 330 OF 2023


                   BETWEEN:

                   1.    SHRI. K. M. SHANKAR
                         S/O. MUNIRAMAIAH SHETTY
                         AGED ABOUT 55 YEARS,
                         R/AT SHANKAR DIGITAL PHOTO STUDIO,
                         NO.88/1, ANANDA NILAYA,
                         GROUND FLOOR, 13TH CROSS,
                         BAGALGUNTE MAIN ROAD,
                         NAGASANDRA POST
                         BENGALURU-560 073.

                                                               ...PETITIONER

                                (BY SRI NAGARAJA K.A., ADVOCATE)

                   AND:
Digitally signed
by SHARANYA T      1.    SMT. L. VENKATAMMA
Location: HIGH           W/O. T. ANANDA REDDY
COURT OF                 AGED ABOUT 50 YEARS,
KARNATAKA
                         R/AT NO.88/1, ANAND NILAYA
                         GROUND FLOOR, 13TH CROSS,
                         BAGALGUNTE MAIN ROAD,
                         NAGASANDRA POST
                         BENGALURU-560 073.

                                                              ...RESPONDENT

                             (BY SRI. SHIVASHANKAR S.K., ADVOCATE)
                                  -2-
                                               NC: 2023:KHC:20574
                                                  CRP No. 330 of 2023




     THIS CRP IS FILED UNDER SECTION 18 OF SMALL
CAUSES COURT ACT, AGAINST THE JUDGMENT AND DECREE
DATED 30.03.2023 PASSED IN SC.NO.617/2021 ON THE FILE
OF   THE     XXIII     ADDITIONAL        SMALL         CAUSES     JUDGE,
BANGALORE, PARTLY DECREEING THE SUIT FOR EJECTMENT.


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


                                ORDER

Heard the learned counsel for the petitioner and learned

counsel for the respondent.

2. The petitioner is before this Court assailing the

order dated 30.03.2023, wherein the Trial Court has directed

the petitioner herein to quit, vacate and handover vacant

possession of the schedule premises to the respondent within

two months and also directed to pay Rs.11,000/- per month as

damages from October, 2021 till vacating the schedule

premises.

3. The main contention of the learned counsel

appearing for the petitioner before this Court is that petitioner

is running a business and an agreement was entered on

NC: 2023:KHC:20574 CRP No. 330 of 2023

02.08.2020 for a period of 11 months and the Trial Court failed

to consider the same. The counsel also would contend that,

recently the respondent extended the tenancy and a fresh

agreement came into existence on 18.08.2020 but, petition is

filed within a span of one year in 2021 itself and the said fact

has not been considered by the Trial Court. Hence, this Court

has to reverse the findings of the Trial Court.

4. Per contra, learned counsel for the respondent

would submit that, though a fresh agreement was entered in

2020, the petitioner is carrying on the business from 1998

onwards. The counsel also would submit that there was arrears

of rent payable by the petitioner and the same was paid by way

of cheque on the previous date of occasion to the tune of

Rs.2,20,000/-, since the petitioner had committed default of

rent and the same was taken note by the Trial Court.

5. Having heard the learned counsel for the petitioner

and learned counsel for the respondent, learned counsel for the

petitioner would submit that, if sufficient time is given, he is

ready to vacate and handover vacant possession of the

schedule premises since, he has to find out an alternative

NC: 2023:KHC:20574 CRP No. 330 of 2023

premises to continue his business. Learned counsel for the

respondent would submit that order was passed by the Trial

Court in the month of March, 2023 and already three months

have elapsed and the petitioner is not entitled for further time.

6. Having taken note of the said submission and also

considering the fact that there is no dispute with regard to the

relationship between the parties and having taken note of the

fact that on the previous date of occasion, entire arrears of rent

has been paid by the petitioner and a new agreement came

into existence between the parties on 18.08.2020, wherein rent

is fixed as Rs.11,000/- per month, it is appropriate to grant

some time to the petitioner to vacate the premises by

enhancing the rate of rent, having taken note of the fact that

the petition was filed in 2011 and since the petitioner is also

agreeable for payment of little higher rent, the petitioner is

directed to pay the rent of Rs.13,000/- per month from

01.06.2023 for a period of 12 months and without seeking any

further time and before expiry of 12 months from 01.06.2023,

the petitioner has to vacate and handover vacant possession of

the schedule premises to the respondent herein. The petitioner

NC: 2023:KHC:20574 CRP No. 330 of 2023

is also directed to file an affidavit to that effect within two

weeks from today.

Accordingly, the petition is disposed of.

Sd/-

JUDGE

ST