IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE, 2017 BEFORE THE HON'BLE MR. JUSTICE B.SREENIVASE GOWDA R.S.A. NO.443/2017 [RES] BETWEEN:
SRI. M. RAMACHANDRA, S/O. LATE MADHAVA RAO, AGED 47 YEARS, R/AT NO.788/26, 10TH CROSS, SRINIVASA AGRAHARA, RAMANUJA ROAD, MYSORE-570 001.
... APPELLANT (By SRI. K. V. NARASIMHAN, ADV.) AND:
THE EXECUTIVE OFFICER, THIRUMALA THIRUPATHI DEVASTHANAM, ADMINISTRATIVE BUILDING, T.T. DEVASTHANAM, THIRUPATHI, CHITTUR DISTRICT, ANDHARA PRADESH-517 507.
... RESPONDENT (By SRI. G. NAGARAJULU NAIDU, ADV.) THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGEMENT & DECREE DATED 29.11.2016 PASSED IN R.A.NO.342/2016 ON THE FILE OF THE VII ADDL. DISTRICT JUDGE MYSURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED 27.01.2014 PASSED IN OS.NO.344/2012 ON THE FILE OF THE III ADDL. I CIVIL JUDGE AND JMFC, MYSORE.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Appellant (defendant) has preferred this appeal challenging the concurrent judgments and decrees passed by the Courts below.
2. Respondent (plaintiff) has instituted a suit in O.S.No.344/2012 against the appellant (defendant) for ejectment, directing the defendant to vacate and hand over the vacant possession of the suit schedule premises to the plaintiff and to pay arrears of rent, damages, future mesne profits and cost of the suit. The trial Court by judgment and decree dt. 27-01-2014, decreed the suit as under :
“The defendant is hereby directed to vacate and hand over the vacant possession of the suit schedule premises to the plaintiff within two months from the date of this order. Further, the defendant is hereby directed to pay the arrears of rent amounting to Rs.21,000/- and damages at Rs.500/- per day for a period of 77 days amounting to Rs.38,500/-.”
3. Defendant aggrieved by the said judgment and decree of the trial Court, challenged the same by preferring regular appeal in R.A.No.342/2016 before the VII Additional District Judge, Mysuru, and it was also dismissed on 29-11-2016 and the defendant was directed to vacate and hand over vacant possession of the suit schedule premises to the plaintiff within two months from the date of the order.
4. Challenging these judgments and decrees of the Courts below, defendant has preferred this regular second appeal.
5. There is no dispute regarding relationship of landlord and tenant between the parties. Under the above circumstances, learned Counsel for the appellant (defendant) with instructions of the appellant, who is present in the Court submits, if the respondent (plaintiff) grants reasonable time of three years to the appellant (defendant), appellant (defendant) is prepared to vacate and deliver the vacant possession of the suit schedule premises in favour of the respondent (plaintiff) and appellant (defendant) is also prepared to pay enhanced damages during his stay in the schedule premises.
6. In response to his submission, Sri.
Nagarajulu Naidu, learned Counsel for the respondent (plaintiff) with the instructions of Sri.P.V.Natesh, working as Assistant Executive Officer of the respondent Trust, submits, the appellant (defendant) has been in possession and enjoyment of the suit schedule premises since long time and therefore he may be directed to vacate and hand over the vacant possession of the suit schedule premises to the respondent (plaintiff) by taking three months’ time. He further submits, in the event of Court granting time to the appellant (defendant) to vacate the premises, appellant (defendant) may be directed to pay enhanced damages at the rate of Rs.5,000/- per month.
7. Parties after negotiating the matter in the presence of the learned Counsels appearing for them, and with the intervention of the Court, agreed as under:
Appellant/defendant has agreed to vacate and deliver vacant possession of the suit schedule premises in favour of the respondent/plaintiff on or before 31st December, 2018 and has agreed to pay enhanced damages at the rate of Rs.1,000/- per month from 27-01-2014 - the date of judgment and decree passed in O.S.No.344/2012 till 31-12-2016 and at the rate of Rs.2,000/- from 01-01-2017 till 31-12-2018.
Appellant (defendant) has undertaken to pay the difference of damages within three months from today and undertakes to pay future damages on or before 10th of every succeeding month. Appellant (defendant) has further undertaken to vacate and deliver vacant possession of the suit schedule premises in favour of the respondent (plaintiff) on or before 31-12-2018 voluntarily without driving the respondent (plaintiff) to the Execution Court. He has further undertaken that he would not create sub-lease or induct any third party into the schedule premises during the time granted by the Court. Appellant (defendant) has also undertaken to pay water and electricity charges to the concerned authorities regularly and keep the services intact. Respondent (plaintiff) states, that the respondent – institution would not interfere with the possession and enjoyment of the appellant (defendant) in the suit schedule premises till 31-12-2018.
8. In view of the above, the following order is passed :
Appeal stands disposed of.
Judgment and decree dated 27-01-2014 passed by the III Additional Civil Judge and JMFC, Mysore in O.S.No.344/2012 and the judgment and decree dated 29-11-2016 passed by the VII Additional District Judge, Mysuru, in R.A.No.342/2016 stands modified.
9. Appellant (defendant) is granted time to vacate and deliver vacant possession of the suit schedule premises in favour of the respondent (plaintiff) till 31- 12-2018, subject to following conditions :
He shall pay enhanced damages at the rate of Rs.1,000/- per month with effect from 27-01-2014 (the date of judgment and decree passed by the trial Court in O.S.No.344/2012) till 31-12-2016 and at the rate of Rs.2,000/- from 01-01-2017 till 31-12-2018 and he shall pay the difference of damages after deducting the amount, if any, already paid, within three months from today and shall continue to pay future damages on or before 10th of every succeeding month and the same shall be done till 31-12-2018.
He shall pay water and electricity charges relating to the suit schedule premises, to the concerned authorities regularly and keep the services intact.
He shall not sub-lease or induct any third party into the schedule premises or create any kind of third party interest over the schedule premises.
He shall voluntarily vacate and deliver vacant possession of the suit schedule premises to the respondent (plaintiff) on or before 31-12-2018 without driving the respondent (plaintiff) to the Execution Court.
He shall not cause damage or change the nature of the suit schedule premises during his stay.
Whereas, respondent (plaintiff) shall not interfere with the possession and enjoyment of the appellant (defendant) in the suit schedule premises till he vacates and delivers vacant possession of the suit schedule premises to the respondent (plaintiff), which shall be done on or before 31-12-2018.
10. In the event of appellant (defendant) violating any of the conditions stipulated herein above, time granted to the appellant (defendant) till 31-12-2018 stands cancelled automatically and respondent (plaintiff) will be at liberty to execute the decree passed by the trial Court in O.S.No.344/2012 and take possession of the suit schedule premises from the appellant.
11. Registry is directed to draw decree accordingly.
12. Appellant (defendant) shall file an undertaking by way of an affidavit, incorporating the above terms, within three weeks from today, after serving a copy of the said undertaking on the learned Counsel for the respondent (plaintiff).
13. In view of disposal of the appeal, application for stay does not survive and hence, it is rejected.
14. Parties present in the Court have agreed with the above settlement and have signed the order sheet of the appeal.
SD/- JUDGE Mgn/-