IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF NOVEMBER, 2019 BEFORE THE HON' BLE MR. JUSTICE S.G. PANDIT C.R.P. No.466/2019 BETWEEN:
Mrs. K. USHA AGED ABOUT 47 YEARS W/O LATE S. KRISHNA CARRYING ON BUSINESS AT GOLDEN BAG CENTER DOOR NO.11-5-408/24 1ST FLOOR BHAVANTHI TOWERS OPP. SOURASHTRA CLOTH STORE NEAR CENTRAL MARKET HAMPANAKATTA MANGALURU- 575 001.
(BY SRI.VISHWAJITH SHETTY S, ADV.) AND:
MRS. VEERATHRI G. MORAS AGED ABOUT 41 YEARS W/O RICHARD RODRIGUES R/AT FLAT NO.002 ”DEANNE APARTMENT”
V CROSS, BEJAI NEW ROAD MANGALURU -575003.
...PETITIONER …RESPONDENT (BY SRI.CYRIL PRASAD PAIS, ADV. FOR C/R) THIS CIVIL REVISION PETITION IS FILED UNDER SECTION 18 OF THE KARNATAKA SMALL CAUSES COURTS ACT, AGAINST THE JUDGMENT AND DECREE DATED 03.08.2019 PASSED IN SC.NO.29/2018 ON THE FILE OF THE II ADDL.SEIOR CIVIL JUDGE AND CJM., MANGALURU DECREEING THE SUIT FOR POSSESSION AND MESNE PROFITS.
THIS CIVIL REVISION PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This revision petition is directed against the judgment and decree dated 03.08.2019 passed in S.C.No.29/2018 on the file of the II Additional Senior Civil Judge and CJM at Mangaluru, wherein the suit is decreed and the defendant is directed to surrender vacant possession of the plaint schedule property to the plaintiff within a period of 3 months from the date of the order and in default, the plaintiff is at liberty to approach the Court to evict the defendant, through process of Court. Further the defendant is directed to pay mesne profits at Rs.267/- per day from 22.06.2018 to 30.06.2018 and also interest at the rate of 18% p.a., on the arrears of mesne profits from the date of suit till realization, and also to pay future mesne profits at the rate of Rs.8,000/- per month from 01.07.2018 till the date of delivery and interest on mesne profits that accrue due from time to time at the rate of 18% p.a. from the date of suit till realization.
2. Respondent No.1 entered caveat.
3. Today, learned counsel for the petitioner and learned counsel for the respondent have filed a joint memo dated 05.11.2019, signed by the both counsels, which reads as follows:
“The dispute between the parties to the above petition is settled out of Court subject to the following terms and conditions:
(i) The petitioner has agreed to vacate and hand over the vacant possession of the suit schedule premises to the respondent on or before 31.03.2021 and the respondent has agreed to grant time till the said date to the petitioner to vacate and hand over the vacant possession of the suit schedule premises.
(ii) The petitioner has agreed to pay future rent at the rate of Rs.8,000/- till she vacates and hands over the vacant possession of the suit schedule premises to the respondent without there being any default.
(iii) The petitioner has paid upto date rent of the suit schedule premises to the respondent at the rate of Rs.6,500/- per month. In compliance of the order passed by the Court below, the arrears of rent at the rate of Rs.1,500/- p.m., from the date of suit with interest shall be paid by the petitioner to the respondent within a period of two months from today.
(iv) The petitioner further undertakes that she shall not induct any third party to the suit schedule premises and she shall not drive the respondent for instituting any Execution Case for recovery of the possession of the suit schedule premises. The petitioner undertakes that the suit schedule premises shall be maintained in a proper and good condition and vacant possession of the same shall be handed over to the respondent on or before 31.03.2021.”
A reading of the above joint memo would indicate that the respondent/landlord has agreed to grant time till 31.03.2021 to the petitioner to vacate and hand over the vacant possession of the petition schedule premises and the petitioner has agreed for the same. Further it is agreed that the petitioner/tenant shall pay the rent at the rate of Rs.8,000/- p.m., till she vacates the premises.
5. The petition is disposed of in terms of the joint memo.
The petitioner is directed to vacate and hand over the vacant possession of the suit schedule property on or before 31.03.2021 and also directed to pay the rent at the rate of Rs.8,000/- p.m., till she vacates the suit schedule premises.
The petitioner shall comply with the payment of arrears as undertaken by her in the joint memo.
Sd/- JUDGE mpk/-* CT:bms