IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR R.F.A.NO.1175 OF 2018 BETWEEN:
Sri A.Srinivas S/o G.Anjinappa Aged about 51 years R/at No.13/14, 1st Main Road M.E.C.Road, Marappanapalya Yeshwanthapura Bengaluru – 560 022 …Appellant (By Sri. Shrikanth B, Advocate) AND:
Sri C.Srinivas S/o Late K.M.Chikkabyrappa Aged about 41 years R/at No.103, 12th Cross 1st Block, Rajajinagar Bengaluru – 560 010 ... Respondent (By Sri. P.N.Hegde, Advocate) This RFA is filed under Section 96 of CPC against the judgment and decree dated 03.04.2018 passed in O.S.No.7852/2015 on the file of the XX Additional City Civil & Sessions Judge, Bengaluru, decreeing the suit for ejectment.
This appeal coming on for admission this day, the Court made the following:
ORDER The appellant’s counsel files an affidavit sworn to by the appellant, Sri A.Srinivas. In this affidavit, it is stated that the appellant is ready and willing to vacate the suit schedule premises within three months subject to payment to him Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand only) towards goodwill and return of another Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand only) that he had paid to the respondent towards security deposit.
2. Learned counsel for the respondent submits that his client is ready to pay Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand only) to the appellant by deducting rents due from the appellant and also costs of the suit as mentioned in the decree. He submits that in the trial Court judgment, there is a direction to the respondent to pay Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand only) towards goodwill to the appellant and accordingly, he is ready to pay this amount, however, subject to making deductions. This submission is placed on record.
3. As regards the claim of Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand only) by the appellant towards security deposit, there is no direction in the trial Court judgment. It is to be stated that in this appeal, no such direction can be given. If according to the appellant, any amount is still due to him by the respondent towards security deposit, he is at liberty to recover the same by filing separate suit. Therefore, with these observations, affidavit filed by the appellant is placed on record. Appeal is disposed of accordingly.
The appellant is given three months time from today to vacate the suit property.
The respondent shall return the goodwill by deducting rents due to him and also the cost mentioned in the decree.
Sd/- JUDGE KMV/-