IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2019 PRESENT THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA AND THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ R.F.A. No.1511/2018 (POS) BETWEEN:
ARUNKUMAR .C.R S/O. DR. M.C. MURTHY AGED ABOUT 39 YEARS, SERPENTINE ROAD, KUMARA PARK WEST, BANGALORE – 20. ... APPELLANT (BY SRI S.B. TOTAD, ADVOCATE) AND:
KARTHIK .R S/O. LATE K.T. RAJAGOPAL, AGED ABOUT 38 YEARS, RESIDING AT NO.2414 8TH BLOCK, SIR M.V. LAYOUT, MUDDAYYANAPALYA, BANGALORE – 91. ... RESPONDENT (BY SRI M.A. APPAIAH, ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 02/07/2018 PASSED IN O.S.NO.6546/2017 ON THE FILE OF THE XVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, DECREEING THE SUIT FOR EJECTMENT AND POSSESSION.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:-
J U D G M E N T This appeal is listed for admission.
2. The defendant in O.S.No.6546/2017 has preferred this appeal assailing the judgment and decree passed by XVI Addl. City Civil & Sessions Judge, Bengaluru City, dated 02/07/2018. The respondent/plaintiff had filed the suit seeking a decree of ejection by directing the defendant to quit and deliver vacant possession of the suit schedule property and to pay past mesne profits and damages of Rs.2,02,000/- from the date of tenancy till the date of filing of the suit. There is also a direction to pay future mesne profits and damages to the plaintiff from the date of filing of the suit till delivery of possession of the suit schedule premises to the plaintiff by way of holding an enquiry under Order XX Rule 12 of the Code of Civil Procedure, 1908.
3. Learned counsel for the respective parties submit that during the pendency of this appeal, they have negotiated a settlement and arrived at a compromise pursuant to which the appellant herein has filed an affidavit which is in the nature of an affidavit of undertaking.
4. Learned counsel for the respective parties have also filed a joint memo. They submit that the terms of the affidavit filed by the appellant may be read as part and parcel of the joint memo.
5. The same are taken on record.
6. Learned counsel for the respective parties also submit that a sum of Rs.7.00 lakh deposited by the appellant towards security deposit with the respondent shall be returned by the respondent to the appellant on vacating and handing over vacant possession of the schedule premises.
7. Learned counsel for the appellant and respondent further submit that the rents of the suit schedule premises have been paid upto date. They also submit that this appeal may be disposed of in terms of a settlement arrived at between the parties in the form of an affidavit of undertaking filed by the appellant herein. The affidavit of undertaking is taken on record, which is duly signed by the appellant. It reads as under:
“AFFIDAVIT I, Arun Kumar C R, S/o. Dr. M C Murthy, Aged about 30 Years, Serpentine Road, Kumara Park West, Bangalore-20 do hereby solemnly affirm and state on oath as follows:
1. I state that I am the Appellant in the above case and I am well conversant with the facts of the case and hence I am swearing to this Affidavit.
2. I state that the Respondent has filed the above suit against me for the relief of eviction and recovery of rent. The said suit is decreed.
3. I state that I am challenging the Judgment and Decree passed by the Learned XVI Additional City Civil and Sessions Judge at Bangalore O.S.No.6546/2017 dated 02.07.2018 in the above Appeal.
4. I state that I am running the P G in the schedule premises from the past five years.
5. I state that the Respondent and myself have settled the matter amicably agreeing on various terms which are mentioned hereunder.
6. I state that as per the compromise the Respondent has agreed that I shall continue as tenant in the schedule premises till 31/10/2021.
7. I state that as per the compromise the rent has to be paid in terms of the Rent agreement entered in to between me and the Respondent as per agreement dated: 01.08.2016 i.e. a sum of Rs.81,000/- to be paid on or before 10th of every English calendar month.
8. I state that I will vacate and handover vacant possession of the schedule premises on or before 31st of October 2021 without further extension of time.
9. I state that I will not sub let the schedule premises to any third party.
10. I shall keep the schedule premises in good and habitable condition subject to regular ware and tare.
Wherefore I pray that this Hon’ble court may kindly be pleased to allow the accompanying application which is necessary in the interest of justice and equity.
I state that what is stated above is true and correct.”
8. Appellant’s counsel submits that the appellant would abide by the conditions mentioned in the affidavit. Respondent’s counsel also submits that respondent would abide by the terms and conditions and would not disturb appellant’s possession.
9. It is noted that the appellant is having a paying guest accommodation in the schedule premises. That, in terms of the settlement arrived at between the parties, the appellant would continue possession in the schedule premises till 31/10/2021. That the appellant shall continue to pay the rents to the respondent as and when it falls due as per the agreement dated 01/08/2016 at Rs.81,000/- on or before tenth of every English calendar month. The appellant further submits that he would vacate and handover possession of the schedule premises on or before 31/10/2021 without seeking any further extension of time. That the appellant would not sub-let the schedule premises to any third party nor create any third party interest in respect of the said premises. The appellant shall maintain the schedule premises in good and habitable condition subject to regular wear and tear.
10. Learned counsel for the respective parties submit in unison that the appeal could be disposed of in the aforesaid terms, which have been arrived at on the free volition of the parties without there being any coercion or undue influence from any side.
11. The appeal is disposed of in the aforesaid terms.
In view of disposal of the appeal at this stage, the registry to refund 75% of the Court fee paid to the appellant under Section 60(2)(c) of the Karnataka Court Fees and Suits Valuation Act, 1958 Sd/- JUDGE Sd/- JUDGE S*