IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR.JUSTICE B. VEERAPPA CIVIL REVISION PETITION NO.403/2017 BETWEEN:
SMT.P.MANJULA, W/O LATE CHANDRASHEKAR, AGED ABOUT 50 YEARS, R/AT SHOP NO.3, NO.989.
4TH MAIN, “D” BLOCK, GAYATHRINAGAR, RAJAJINAGAR 2ND STAGE, BENGALURU-560010.
...PETITIONER (BY SRI.SOMASHEKARAIAH H.M., ADVOCATE) AND:
SRI.S.VISHWESHWARA AIYAR @ VISHWESHWRA SHARMA IYER, S/O LATE SANTHANAM A.S., AGED ABOUT 42 YEARS, R/AT NO.989. III FLOOR, 4TH MAIN, “D” BLOCK, GAYATHRINAGAR, RAJAJINAGAR 2ND STAGE, BENGALURU-560010.
…RESPONDENT (BY SRI.D.R.BASAVARAJAPPA., ADVOCATE) THIS CIVIL REVISION PETITION IS FILED UNDER SECTION 18 OF SCC ACT AGAINST THE JUDGMENT AND DECREE DATED 23.09.2017 PASSED IN SC NO.1699/2016 ON THE FILE OF THE IX ADDITIONAL SMALL CUASE JUDGE AND XXXIV ACMM, COURT OF SMALL CAUSES, MEMBER, MACT-7, BENGALURU, DECREEING THE SUIT FOR POSSESSION.
THIS CIVIL REVISION PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The petitioner/defendant filed the present Revision Petition against the judgment and decree dated 23.09.2017 made in S.C.No.1699/2016 decreeing the suit for ejectment and directed the defendant to vacate and handover the vacant possession of the suit schedule property to the plaintiff within two months from the date of the judgment.
2. When the matter is posted today for admission, a joint memo is filed by the learned counsel for the parties duly signed by the petitioner and respondent who are present before the Court which are reads as under:
The petitioner and the respondent in the above Revision Petition submits as follows:
1. The Petitioner submits that having conceding the bonafide requirement of schedule property by the respondent/land lord herein she concedes to vacate and hand over the vacant possession of the schedule property provided she grants time for one year to continue as the tenant of the schedule property subject to the payment of monthly rents regularly by her. The petitioner submits that she will not seek for extension of time.
2. The respondents herein agree to give one year time to the petitioner to vacate and hand over the schedule property to him subject to payment of monthly rent regularly.
3. There is an advance amount of Rs.40,000/- with the respondent/landlord, the respondent land lord agree to return the said amount of Rs.40,000/- to the petitioner at the time of vacating and handing over of the vacant possession of the schedule property to the respondent.
In view of the settlement arrived at between the petitioner and the respondent as per this Joint Memo this Hon’ble Court may be pleased to dispose off the above Revision Petition, in the interest of justice and equity.
Bangalore. Dated:13-12-2017 Advocate for Petitioner Petitioner Advocate for Respondent Respondent 3. The Petitioner/Tenant also filed an affidavit before this Court and same is placed on record.
4. The petitioner/tenant agreed that she is ready to vacate and hand over the vacant possession of the suit schedule property to the landlord on or before 12.12.2018 subject to payment of monthly rents. The landlord agreed that he will return the advance amount of Rs.40,000/- at the time of vacating the suit schedule property to the petitioner on or before 12.12.2018. In view of the joint memo, petitioner shall not sublet or shall not create any third party interest on the suit schedule premises. To that effect same is placed on record.
5. In view of the joint memo and affidavit filed on 13.12.2017, the Civil Revision Petition is disposed of granting one year i.e., on or before 12.12.2018 subject to payment of regular rent to the landlord and landlord shall return advance amount of Rs.40,000/- on the date of vacating. The petitioner shall not seek further extension of time.
Sd/-
JUDGE JS