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.420/2017 BETWEEN:
SRI. G.N. LAKSHMIPATHY S/O LATE NARASIMHAIAH AGED ABOUT 102 YEARS REPRESENTED BY GENERAL POWER OF ATTORNEY HOLDER SRI.L. RAMPRAKASH S/O G.N.LAKSHMIPATHI AGED ABOUT 67 YEARS BOTH ARE RESIDING AT NO.13 CRESCENT MAIN ROAD HIGH GROUNDS BANGALORE – 560 001 (BY SRI. D.N. MANJUNATH, ADVOCATE) ...PETITIONER AND:
1. M/S. AMATEUR DRAMATIC ASSOCIATION THEATRE TRUST [REGD] A REGISTERED TRUST CONSTITUTED UNDER THE INDIAN TRUST ACT REPRESENTED BY ITS TRUSTEES AND OFFICE BEARERS [a] SRI. M.K. PANDURANGA SETTY – PRESIDENT [b] SMT. VIMALA RANGACHAR – SECRETARY [c] SRI. H.R. ALVA – MEMBER [d] SRI.M.N. NARASIMHAN – TREASURER [e] SRI. M.V. NARYANA RAO – MEMBER [f] SRI. B.G. RAMAPRASAD – MEMBER AND [g] SRI.M.S. SATHYU – MEMBER HAVING THEIR OFFICE AT #3, 12TH CROSS MALLESHWARAM BANGALORE – 560 002 2. M/S. D.P.K. ENGINEERING REPRESENTED BY ITS MANAGING DIRECTOR – SRI.SAMPATH KUMAR CARRYING ON BUSINESS AT SHOP NO’s.1, 2, 3 AND 4 [FRONT SIDE] 7, 8, 9 AND 10 [BACK SIDE] BASEMENT FLOOR, NO.109 ADA RANGAMANDIRA OPPOSITE TO RAVINDRA KALAKSHETHRA J.C. ROAD BENGALURU – 560 002 3. M/S. SRINIVASA TRADERS REPRESENTED BY ITS PROPRIETORS SRI.S.PRADEEP AND SRI.S. CHANDAN CARRYING ON BUSINESS AT SHOP NO’s 6 [FRONT SIDE] AND 3[BACK SIDE] NO.109, ADA RANGAMANDIRA OPPOSITE TO RAVINDRA KALAKSHETHRA J.C. ROAD BENGALURU – 560 002 4. M/S. RAMSONS AGENCIES REPRESENTED BY ITS PROPRIETORS SRI.M.C.AJITH CARRYING ON BUSINESS AT SHOP NO.7, NO.109 ADA RANGAMANDIRA OPPOSITE TO RAVINDRA KALAKSHETHRA J.C. ROAD BENGALURU – 560 002 5. M/S. GURU AGENCIES REPRESENTED BY ITS PROPRIETORS SRI.M.KADAPPAN CARRYING ON BUSINESS AT SHOP NO’s5 [FRONT SIDE] AND 2[BACK SIDE], NO.109 ADA RANGAMANDIRA OPPOSITE TO RAVINDRA KALAKSHETHRA J.C. ROAD BENGALURU – 560 002 6. M/S. VEERABHADRESHWARA TARPAULIN REPRESENTED BY ITS PROPRIETORS SRI.T.S.RAVINDRA CARRYING ON BUSINESS AT SHOP NO.11 NO.109, ADA RANGAMANDIRA OPPOSITE TO RAVINDRA KALAKSHETHRA J.C. ROAD BENGALURU – 560 002 7. M/S. VELU PUMP HOUSE REPRESENTED BY ITS PROPRIETORS SRI. B.K. SANMUGA VELU CARRYING ON BUSINESS AT SHOP NO.1 [BACK SIDE] NO.109, ADA RANGAMANDIRA OPPOSITE TO RAVINDRA KALAKSHETHRA J.C. ROAD BENGALURU – 560 002 8. M/S. ELMECH ENGINEERING COMPANY REPRESENTED BY ITS PROPRIETOR SRI.P.S.NATHAN CARRYING ON BUSINESS AT SHOP NO’s.9 AND 10 [FRONT SIDE] AND 4, 5 AND 6[BACK SIDE] NO.109, ADA RANGAMANDIRA OPPOSITE TO RAVINDRA KALAKSHETHRA J.C. ROAD, BENGALURU – 560 002 9. M/S. M. RAMAIAH AND SONS REPRESENTED BY ITS PROPRIETOR SRI.M.S.NANDAKUMAR CARRYING ON BUSINESS AT SHOP NO.8 NO.109, ADA RANGAMANDIRA OPPOSITE TO RAVINDRA KALAKSHETHRA J.C. ROAD, BENGALURU – 560 002 …RESPONDENTS (BY SRI. CHANDRASHEKAR K.V., FOR SRI. SHANMUKAPPA, ADVOCATES FOR C/R1; NOTICE TO R2 TO R9 D/W VIDE ORDER DATED 13.12.2017) THIS CIVIL REVISION PETITION IS FILED UNDER SECTION 115 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 14.09.2017 PASSED IN SC.NO.3338/2011 ON THE FILE OF THE VII ADDL. JUDGE & XXXII ACMM, COURT OF SMALL CAUSES, BENGALURU, PARTLY DECREEING THE SUIT FOR EVICTION.
THIS CIVIL REVISION PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The present revision petition is filed by the defendant No.1-tenant against the judgment and decree dated 14.09.2017 made in S.C No. 3338/2011 on the file of VII Addl. Judge and XXXII ACMM Court of Small causes, Bengaluru decreeing the suit in part and directed the present petitioner/defendant No.1 to quit, vacate and deliver the suit schedule property in favour of the plaintiff trust within three months from the date of the order holding that there is jural relationship of landlord and tenant established between the plaintiff towards the defendant. As there is no dispute by the defendant in this regard in view of the completion of tenancy of 30 years as on 01.4.2011 defendant is liable to handover the suit schedule property.
2. When the matter came up for admission on 06.12.2017 after arguing the matter for some time, learned counsel for the petitioner submits that if 1½ (one and half year) year time is granted, the petitioner would vacate and handover the possession of the suit property to the landlord subject to payment of taxes to the concerned authorities. Accordingly, today the affidavit of undertaking is filed by the petitioner which reads as under:
AFFIDAVIT I, L.Ramprakash So. G.N.Lakshmipathy, aged about 67 years, Residing at No.13, Crescent Main Road, High Grounds, Bangalore- 560001, do hereby solemnly affirm and state on oath as follows:
1. I am the son and General Power of Attorney holder of the petitioner and I am personally conversant with the facts of the case.
2. I submit that my father represented by myself had filed this Civil Revision Petition against the order passed by the Hon’ble Small Causes Court in S.C. No.3338/2011 dated 14-
9-2017 whereby the suit seeking for possession has been decreed in part granting three months time to vacate and deliver possession of the property leased which expires on 14th December, 2017.
3. I submit that my father represented by myself hereby agree and undertake to handover possession of the property leased to my father in respect of the basement portion of the property authorizing the respondents two to nine herein to attorn themselves as tenants under the respondent number one subject to the condition that a period of 18 months (1 and half years) time is granted for us to surrender the lease hold right granted in favour of my father under a lease deed dated 13.4.1981 without seeking for any further extension of time and voluntarily.
4. I have no objection for the first respondent to seek for attornment of the tenancy of the respondents two to nine in favour of the trust after the expiry of the 18 months period which is to expire on 13.6.2019 and pay the rents to them.
5. Further I undertake to pay the corporation taxes in respect of the basement floor leased in favour of my father to the BBMP authorities upto date and also upto the date granted i.e., end of June 2019 without committing any default by paying the tax within three months.
6. I submit that the above undertaking may kindly be taken on record and order may be passed in terms of the undertaking given by me this day and as prayed for, in the interest of justice and equity.
I submit what has been stated in the above paras are true to the best of my knowledge, information and belief.
IDENTIFIED BY ME SD/-
ADVOCATE DEPONENT BENGALURU DATED 13.12.2017 3. In view of the voluntary undertaking affidavit filed by the petitioner-defendant that he will vacate and handover the schedule property to the 1st respondent i.e. on or before 13.06.2019 and also undertakes to pay the Corporation tax in respect of the basement floor leased in favour of the petitioner’s father to the concerned BBMP authorities up to date within a period of three months from the date of this order, the Civil Revision Petition has to be disposed of.
4. The said undertaking affidavit is placed on record.
5. In view of the aforesaid reasons, the judgment and decree of the trial Court dated 14.9.2017 is confirmed. Accordingly, civil revision petition is disposed of with a liberty to the petitioner to continue in the schedule property till 13.06.2019 subject to payment of Corporation Taxes to the concerned authorities within a period of three months from today and the petitioner shall not sublet the suit schedule property.
With the above observations, civil revision petition is disposed of.
Sd/-
JUDGE BS