Karnataka High Court
Mr Alphonesraj vs Mr Parish Priest on 5 March, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
-1-
NC: 2024:KHC:9216
CRP No. 604 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
CIVIL REVISION PETITION NO. 604 OF 2015 (SC)
BETWEEN:
1. MR ALPHONESRAJ
S/O. LATE. M.S. JOSEPH AND THERASA,
AGED ABOUT 46 YEARS,
R/AT NO. 81 AND 82,
BARLINE CHURCH COMPOUND,
OLD PENSION MOHALLA,
MYSORE ROAD, BENGALURU 18
...PETITIONER
(BY SRI. RAJAGOPALA NAIDU., ADVOCATE)
AND:
1. MR PARISH PRIEST
REPRESENTED BY REV. FR.MARTIN KUMAR,
AGED ABOUT 53 YEARS,
ST. JOSEPH CHURCH, FR.BRIAND SQUARE,
Digitally BENGALURU- 560002
signed by
KIRAN ...RESPONDENT
KUMAR R
Location:
(BY SRI. JOSEPH ANIL KUMAR.A., ADVOCATE)
HIGH
COURT OF
KARNATAKA THIS CRP IS FILED UNDER SECTION 18 OF THE
KARNATAKA SMALL CAUSES COURTS ACT, AGAINST THE
JUDGMENT AND DECREE DATED 28.10.2015 PASSED IN
S.C.NO.15494/2011 ON THE FILE OF THE V ASCJ AND 24th
ACMM, COURT OF SMALL CAUSES, MAYO HALL UNIT
BENGALURU, DECREEING THE SUIT FOR VACANT
POSSESSION, ARREARS OF RENT, DAMAGES AND MESNE
PROFITS.
THIS PETITION, COMING ON FOR HEARING, THIS DAY,
THE COURT MADE THE FOLLOWING:
-2-
NC: 2024:KHC:9216
CRP No. 604 of 2015
ORDER
1. This revision petition is filed challenging the decree
of ejection granted in favour of the respondent.
2. Today, a Joint Memo is filed whereby it is stated that
the petitioner-tenant has agreed to accept the decree and
hand-over the vacant possession of the premises on or
before 04th April 2024 and in consideration of the same,
the land-lord has agreed to pay a sum of Rs.20,00,000/-.
It is also stated that the petitioner has received a sum of
Rs.5,00,000/- by way of a cheque dated 12th December
2023. The terms of the Joint Memo read as follows:
"JOINT MEMO
The parties above named have agreed to the
following terms and conditions:
1) It is respectfully submitted that, the
Respondent is the landlord and the
Petitioner is the tenant in respect of House
Nos.81 & 82, Municipal No.16, St. Mary's
Church Compound, Old Barline, Pension
Mohalla, Mysore Road, Bangalore-560 018,
which is more fully described in the
schedule hereunder.
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2) It is respectfully submitted that, the
Respondent Landlord filed a suit for Eviction
in S C No.15494/2011 before the Hon'ble
Vth Additional Small Causes Judge & XXIVth
ACMM (SCH 20), Bangalore, against
Petitioner tenant. The said Eviction Suit was
decreed in favour of the Respondent
Landlord on 28-10-2015: The Petitioner
tenant challenged that Order dated
28.10.2015 before this Hon'ble High Court
of Karnataka in the above CRP
No.604/2015.
3) It is respectfully submitted that, the
Petitioner tenant is willing to vacate and
handover the vacant possession of suit
scheduled property premises and the keys
of House No.81 & 82 to the Respondent
landlord on or before 04th April, 2024. The
Petitioner tenant further submits that the
Petitioner will demolish all the new illegal
constructions put-up by him recently
adjacent to the suit schedule property
belonging to the Respondent Landlord on or
before 31st March, 2024.
4) It is respectfully submitted that, the
Respondent Landlord has agreed to pay a
NC: 2024:KHC:9216
sum of Rs.5,00,000/ (Rupees Five Lakh
only) to the Petitioner tenant as an advance
by way of Cheque, Account Payee, Cheque
No. '381369' dated 12.12.2023, drawn on
Canara Bank, Benson Town Branch,
Bangalore.
5) It is respectfully submitted that, the
Petitioner tenant undertakes to withdraw
the following cases on or before 15th March,
2024, and furnishes the certified copy on or
before 31st March, 2024:
a. P. Misc No.44/2009 filed by (1) Harry
Joseph (2) Harry Josephin (3) Alphonse
Raj (4) Marry Kalpana against (1) The
Principal Secretary, State of Karnataka,
Department of Revenue, M.S. Building,
Bangalore-560 001, (2) The City Survey
Enquiry Officer, City Survey II, Revenue
Survey Officer, K.R. Circle, Bangalore-
560 001, (3) The Commissioner, Bruhat
Bengaluru Mahangara Palike, N R
Square, Bangalore-560 001, (4) The
Assistant Revenue Officer, BBMP, Ward
No.30, Chickpet Range, Tulasi Thotta,
Bangalore- 560 053, (5) The Archbishop
House of Bangalore, No.75, Miller's
Road, Benson Town, Bangalore- 560
046, (6) Parish Priest, St. Joseph's
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Church, Briand Square, Bangalore-
560002, which was allowed before the
Hon'ble City Civil Court, Bangalore (CCH
3). Since it was allowed the Petitioner
tenant filed o S 4037/2016 pending
before (CCH 3), Additional Principal City
Civil & Sessions Judge, Bangalore.
b. O S 7551/2015 pending before CCH 23,
City Civil and Session Judge filed by (1)
Alphonse Raj and (2) Anthony Cyril
against (1) Parish Priest and (2) Kanicka
Mary. c. It is further admitted by the
Petitioner tenant that apart from the
above mentioned two pending cases filed
by the Petitioner tenant against the
Respondent Landlord will be withdrawn
on or before 15mMarch, 2024, and
furnish the certified copies of the above
mentioned cases to the Office of the
Archdiocese and the Advocate on record.
It is further admitted by the Petitioner
tenant that if any other cases are filed
by the Petitioner tenant against the
Respondent Landlord will also be
withdrawn by the Petitioner tenant on or
before 15th March, 2024.
NC: 2024:KHC:9216
6) As stated in Para 5(b) above on the day of
withdrawing O S 7551/2015 the Petitioner
tenant agrees to handover peaceful vacant
possession of Schedule A Property - All the
piece and parcel of Barline Church
Compound with residential/servants
quarters comprised on Old Sy No.13, of
Bhogenahalli Village, then the city survey
authorities assigned CTS No. 176, known as
Anjanappa Garden, then the Municipal
authorities assigned Municipal No.16, called
it as Old Pension Mohalla, Mysore Road,
Bengaluru, measuring 1-00 (One acre) of
land with all amenities and bounded on the:
East by private property, West by private
property, North by private property and
South by passage & private property and
also Schedule B Property - All the piece and
parcel premises bearing House No.93,
Municipal No.16, residential/servant
quarters called it as Old Pension Mohalla,
Mysore Road, Bengaluru, measuring East to
West: 8 feet and North to South: 8 feet out
of the Schedule - A Property with all
amenities and bounded on the: East by
remaining residential quarters, west by
road, north by residential quarters No.92
and south by private property.
NC: 2024:KHC:9216
7) It is respectfully submitted by the Petitioner
tenant that the Petitioner tenant will clear
all the Electricity Bills and Water Bills on or
before 31st March, 2024, and furnish the
Receipts paid to the concerned Authorities
on or before 02nd April 2024.
8) It is respectfully submitted that i) after
obtaining an order from the Hon'ble Court
for withdrawal of other pending cases, ii)
after handing over of the Payment Receipts
of Electricity Bills and Water Bills by the
Petitioner Tenant, iii) after receiving a letter
from the Petitioner tenant stating that, "he
has vacated and handed over the vacant
possession of the schedule premises" and
iv) on the day of obtaining the keys of the
two houses mentioned in the schedule
property in the open court the Respondent
Landlord on the same day will hand over the
Demand Draft for the balance payment of
Rs.15,00,000/- (Rupees Fifteen Lakh
only) in favour of the Petitioner tenant on
or before 04th April, 2024, and obtain an
acknowledgement for the total sum of
Rs.20,00,000/- (Rupees Twenty Lakh
only) received from the Respondent
Landlord.
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9) It is respectfully submitted that, in case the
Petitioner tenant fails to comply the above
terms and conditions of this Joint Memo
filed before this Hon'ble Court the
Respondent Landlord is at liberty to execute
Decree passed in S C No 15494/2011 by the
Hon'ble Vth Additional Small Causes Judge &
XXIVth ACMM (SCH 20), Bangalore, on 10-
04-2024, without giving any prior notice to
the Petitioner tenant.
10) It is respectfully submitted that if all the
above terms and conditions are complied
the Petitioner tenant or his LRs, Agents, or
his supporters will not come near the
schedule property nor interfere with the
Respondent Landlord after 04th April 2024.
SCHEDULE PROPERTY
All that piece and parcel of residential
premises bearing, House Nos. 81 & 82,
Municipal No.16, St. Mary's Church
Compound, Old Barline, Pension Mohalla,
Mysore Road, Bangalore-560 018.
WHEREFORE, it is humbly prayed by both
the parties to dispose the above Civil
Revision Petition as per the above-
NC: 2024:KHC:9216
mentioned jointly agreed terms and
conditions in the interest of justice and
equity.
Bengaluru
Dated:4/3/2024
Sd/- Sd/-
ADVOCATE FOR PERITIONER PETITIONER
Sd/- Sd/-
ADVOCATE FOR RESPONDENT RESPONDENT ".
3. In view of the above, the revision petition is
disposed of in terms of the Joint Memo.
4. At this stage, both the parties agreed that instead of
04th April, 2024, the date for handing over the possession
of the premises would be 30th April, 2024. This joint
statement is taken on record and the petitioner is entitled
to be in possession until the 30th April, 2024.
5. Ordered accordingly.
Sd/-
JUDGE
RK
Ct: SN
