Karnataka High Court

Sri. Pradeep Singh vs Sri.S. Shivaram Sharma on 17 March, 2025

Author: S.R.Krishna Kumar

Bench: S.R.Krishna Kumar

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                                                          NC: 2025:KHC:10910
                                                        RFA No. 248 of 2024




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 17TH DAY OF MARCH, 2025

                                           BEFORE
                          THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
                          REGULAR FIRST APPEAL NO. 248 OF 2024 (INJ)
                 BETWEEN:

                 SRI. PRADEEP SINGH
                 S/O CHAMPALAL,
                 AGED ABOUT 38 YEARS,
                 BUSINESS AT NO. 435 (OLD NO. 45),
                 GROUND FLOOR, OPH ROAD,
                 JUMMA MASJID ROAD,
                 SHIVAJINAGAR,
                 BENGALURU - 560001
                                                                ...APPELLANT

                 (BY SRI. KIRAN KUMAR H, ADVOCATE)

                 AND:

                        SRI.S. SHIVARAM SHARMA
                        S/O K. SHYAMSUNDER SHARMA,
                        SINCE DECEASED BY HIS LRs
Digitally
signed by               SMT BEENA SHARMA
LEELAVATHI S     1A)
R                       W/O LATE S SHIVARAM SHARMA
Location: High          AGED ABOUT 60 YEARS,
Court of
Karnataka        1(B)   S AKASH SHARMA
                        S/O LATE S SHIVARAM SHARMA
                        AGED ABOUT 34 YEARS,

                 1(C)   SMT SHREYA SHARMA
                        D/O LATE S SHIVARAM SHARMA
                        AGED ABOUT 30 YEARS,

                        RESPONDENTS NO.1(A) TO 1(C)
                        R/AT NO. 29, OPH ROAD,
                        JUMMA MASJID ROAD,
                        SHIVAJINAGAR,
                                  -2-
                                                NC: 2025:KHC:10910
                                               RFA No. 248 of 2024




      BENGALURU - 560001
                                         ...RESPONDENTS
(BY SRI. S KALYAN BASAVARAJ, ADVOCATE FOR R1[A TO C])

      THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST
THE JUDGMENT AND DECREE DATED 31.10.2023. PASSED IN
O.S.NO.8312/2022 ON THE FILE OF THE VIII ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE SUIT
FOR INJUNCTION AND ETC.

    THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:     HON'BLE MR JUSTICE S.R.KRISHNA KUMAR


                         ORAL JUDGMENT

1. This appeal is by the appellant - tenant (plaintiff) in O.S.

No.8312/2022 on the file of VIII Additional City Civil and Sessions

Judge (CCH-15), Bengaluru dated 31.10.2023 whereby the said

suit filed by the appellant- tenant for permanent injunction and

other reliefs against the defendant was dismissed by the Trial

Court which decreed the counter claim filed by the respondent -

defendant against the appellant-tenant for eviction and mesne

profit in relation to the very same suit schedule property.

2. Heard the learned counsel for the appellant - tenant and

learned counsel for the respondent - landlord and perused the

material on record.

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3. Perusal of the material on record will indicate that the

appellant - tenant instituted the aforesaid suit for permanent

injunction and other releifs against the respondent - landlord in

relation to the suit schedule immovable property. The said suit was

contested by the respondent- landlord who sought for dismissal of

the suit. In addition thereto, respondent - landlord also putforth a

counter claim for ejectment/eviction and arrears of rent in a sum of

`7,52,000/- payable by the appellant- tenant to the respondent-

landlord and for other reliefs.

4. After completion of pleadings, the Trial Court framed the

following issues:

1. Whether plaintiff proves the alleged interference from the defendant?

2. Whether the plaintiff proves that the defendant is interrupting with the electricity supply?

3. Whether the plaintiff is entitled for the relief claimed in the suit?

4. Whether the defendant proves that tenancy of plaintiff was legally terminated?

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5. Whether the defendant proves that the plaintiff is in illegal occupation of the written statement schedule premises?

6. Whether the defendant proves that the plaintiff is in due a sum of `7,52,000/- towards arrears of rent as on 1.2.2023 as claimed in the written statement?

7. Whether the defendant is entitled for the reliefs claimed in the written statement?

8. What order or decree?

5. After contest, the trial Court rejected the claim of the

appellant-tenant and upheld the claim of the respondent - landlord

thereby dismissing the suit for permanent injunction and decreeing

the counter claim for ejectment and arrears of rent in favour of the

respondent-landlord by holding as under:

Suit of the plaintiff is hereby dismissed.

In the circumstances, there shall be no order as to cost.

The counter claim of the defendant is hereby decree with cost.

The plaintiff is hereby directed to vacate the counter claim schedule premises within 3 months from the date of this order. Failing

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which the defendant is at liberty to recover the possession through due process of law.

The plaintiff is directed to pay the arrears of rent of `2,80,000/- along with rent for the period from the date of suit, till the date of vacating the schedule premises.

Draw decree accordingly.

6. Learned counsel for the respondent-landlord submits that the

appellant is due in a sum of `8 lakhs towards arrears of rent

payable by the appellant-tenant to the respondent-landlord as on

today. When the matter came up on 07.03.2025 the following

interim order was passed:

Accepting the reasons assigned in the application, I.A.No.2/2024 is allowed.

The learned counsel for the appellant is permitted to implead the LRs of deceased respondent on record.

Learned counsel for the appellant is permitted to carry out the amendment and file amended cause title by the next date of hearing.

Learned counsel for the appellant submits that appellant would pay a sum of Rs.5,00,000/- to the LRs of respondent on or before 14.03.2025.

NC: 2025:KHC:10910

Submission of the learned counsel is placed on record.

Re-list on 17.03.2025.

7. In pursuance of the aforesaid interim order passed by this

Court, the appellant- tenant paid a sum of `5, lakhs to the

respondent- landlord who acknowledges the receipt of the said

amount from the appellant - tenant.

8. Learned counsel for the appellant and learned counsel for

the respondent submit that the parties have arrived at an amicable

settlement.

9. Learned counsel for the appellant-tenant submits that the

appellant -tenant would pay the balance sum of `3 lakh to the

respondent - landlord and would vacate and handover vacant

possession of the suit schedule property to the respondent-landlord

and if seven months time is granted, appellant would file an

affidavit of undertaking in this regard within a period of two weeks

from today.

10. Per contra, learned counsel for the respondent-landlord

submits that respondent-landlord does not have any objections for

a period of seven months to be granted in favour of the appellant-

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tenant to voluntarily to quit and deliver vacant possession of the

suit schedule premises to the respondent-landlord subject to filing

of an affidavit in this regard and also payment of arrears of rent in

a sum of `3 lakh within a period of three months from today.

11. In view of the aforesaid facts and circumstances and

amicable settlement arrived at between the parties as stated supra

and also joint submission made by both sides, I deem it just and

proper to dispose of this appeal by suitably modifying the

impugned judgment and decree and issuing certain directions.

Hence, the following:

ORDER

i) Appeal is hereby disposed of by modifying the

impugned judgment and decree dated 31.10.2023

in O.S. No.8312/2022 passed by the VIII

Additional City Civil and Sessions Judge,

Bengaluru.

ii) The appellant is granted period of seven

months from today to quit and deliver vacant

possession of the suit schedule premises to the

respondent-landlord subject to filing of an affidavit

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of undertaking to the effect that the appellant shall

continue to pay the monthly rent as and when

they fall due to the respondent-landlord without

any fail till appellant-tenant vacates and

handover the suit schedule premises to the

respondent-landlord