Karnataka High Court
Sri. M. R. Rajagopala Setty vs Sri. R. Chandrashekar on 13 February, 2024
-1-
NC: 2024:KHC:6117
CRP No. 730 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
CIVIL REVISION PETITION No.730 OF 2023 (POS)
BETWEEN:
SRI. M. R. RAJAGOPALA SETTY
AGED ABOUT 86 YEARS,
PROPRIETOR,
M/S. SRS BOOK CORNER,
SITUATED AT GROUND FLOOR OF BUILDING
BEARING NO.46, SHIVA PLAZA,
AVENUE ROAD,
BENGALURU-560 002,
REPRESENTED BY HIS GPA HOLDER,
R. SUDARSHAN,
S/O M. R. RAJAGOPALA SETTY,
AGED ABOUT 55 YEARS.
...PETITIONER
(BY SRI NARENDRA BABU B K, ADVOCATE)
Digitally
signed by H AND:
K HEMA
Location: 1. SRI. R. CHANDRASHEKAR
High Court
of Karnataka S/o N. RAMAIAH,
AGED ABOUT 71 YEARS,
2. SMT. VENKATALAKSHMAMMA
W/O SRI. R. CHANDRASHEKAR,
AGED ABOUT 65 YEARS,
BOTH ARE R/AT FLAT No. 006,
4TH FLOOR, NEW NO.12,
(OLD NO.1372), 31ST B CROSS,
BCC LAYOUT, 4TH T BLOCK,
-2-
NC: 2024:KHC:6117
CRP No. 730 of 2023
JAYANAGAR,
BENGALURU-560 041.
...RESPONDENTS
(BY SRI ABHISHEK.N.V, ADVOCATE FOR R1 AND R2)
THIS CRP IS FILED UNDER SECTION 18 OF THE
KARNATAKA SMALL CAUSE COURTS ACT, AGAINST THE
JUDGMENT DATED 01.09.2023 PASSED IN SC.No.721/2022 ON
THE FILE OF THE XXI ADDITIONAL SMALL CAUSES JUDGE AND
ACMM, BENGALURU, DECREEING THE SUIT FOR EJECTMENT
ARREARS OF RENT AND DAMAGES.
THIS CRP, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Aggrieved by the order passed in S.C.No.721/2022, dated
01.09.2023 by XXI Additional Small Cause Judge and Motor
Accident Claims Tribunal, Bangalore (SCCH-23), the defendant
therein has preferred this Civil Revision Petition.
2. Respondents herein are the owners of the suit
schedule property. Petitioner is the tenant. The Trial Court
based on the pleadings and the evidence let in, has come to the
conclusion that there exists a landlord and tenant relationship
between the respondents and the petitioner and that
respondents have terminated the tenancy in the manner known
to law and hence has passed the following order:
NC: 2024:KHC:6117
"The suit of the plaintiff is hereby
decreed.
The defendant is hereby directed to
vacate the suit schedule property and hand
over the vacant possession to the plaintiff
within 2 months from the date of this
order.
The defendant is hereby directed to
pay the damage/mesne profit at the rate of
Rs.8,000/- per month from the date of
termination of tenancy till actual vacant
possession of the suit schedule property to
the plaintiffs.
No order as to costs."
3. Aggrieved by the same, the defendant has
preferred this petition.
4. I do not see any error in the order passed by the
Trial Court.
5. After arguing the matter for some time, the
Advocate for the petitioner fairly submitted that if some time is
granted, the petitioner would vacate the suit schedule property
and he would pay the agreed rents of Rs.8000/- per month.
NC: 2024:KHC:6117
6. The petitioner as well as respondent No.1 are
present before this Court and respondent No.2 is the wife of
respondent No.1.
7. Both the Advocates after taking necessary
instructions from their respective clients submitted that ten
months would be reasonable period for the petitioner to vacate
the property. Hence, the following
ORDER
The Civil Revision Petition is dismissed.
However, the time for the petitioner to vacate the suit
schedule property is hereby extended for a period of
ten months from today, subject to payment of up-to-
date rentals at the rate of Rs.8000/- per month.
Sd/-
JUDGE
MR
