IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2019 BEFORE THE HON' BLE MR. JUSTICE S.G. PANDIT C.R.P. No.172/2019 BETWEEN:
SRI. MD. MAZHARULLA KHAN AGED ABOUT 75 YEARS S/O LATE MASTHAN KHAN CARRYING ON BUSINESS AT NO.156 JEWELLERS STREET BANGALORE-560001.
ALSO AT:
NO.9, ‘P’ NO.3RD STREET 2ND CROSS, BHARATHINAGAR BANGALORE-560051.
(BY SRI.IRSHAD AHMED K, ADV.) AND:
1. SMT. R. VIJAYALAKSHMI AGED ABOUT 83 YEARS W/O LATE C RATHNAKAR 2. SRI R.S.V. KUMAR AGED ABOUT 60 YEARS S/O LATE RATHNAKAR BOTH ARE R/AT NO.81 5TH CROSS, 2ND STAGE ...PETITIONER INDIRANAGAR BANGALORE-560038.
…RESPONDENTS (BY SRI.P B RAJU, ADV. FOR R1 & R2) THIS CIVIL REVISION PETITION IS FILED UNDER SECTION 18 OF THE SMALL CAUSES COURT ACT AGAINST THE JUDGMENT AND DECREE DATED 05.03.2019 PASSED IN SC.NO.15436/2017 ON THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE AND MEMBER MACT, COURT OF SMALL CAUSES, MAYO HALL UNIT BENGALURU ALLOWING THE SUIT FOR EJECTMENT.
THIS CIVIL REVISION PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This revision petition is against the judgment dated 05.03.2019 passed in S.C.No.15436/2017 on the file of the V Additional Small Causes Judge and 24th ACMM, Bangalore wherein the petitioner herein who was the defendant is directed to vacate the suit schedule property and handover possession to the plaintiff.
2. The petitioner and respondent have arrived at a settlement wherein the petitioner/defendant agreed to vacate and handover the vacant possession of the schedule property on or before 31.03.2021 and has further undertaken to pay monthly rent of Rs.5,000/- from 01.01.2010 to 31.03.2021. The petitioner herein has also filed affidavit undertaking dated 09.12.2019, which reads as follows:
I, Md.Azharulla Khan, aged about 75 years son of Late.Mastan Khan, carrying on Business at No.156, Jewelers Street, Bangalore-560001 do hereby solemnly affirm and state on oath as follows:
1. I am the petitioner in the above case and I am well conversant with the facts of the case.
2. I submit that I undertake to vacate the deliver back vacant possession of the plaint schedule property on 31.03.2021 and further undertake to pay a monthly rent of Rs.5,000/- from 01/01/2020 to 31/03/2021 to the Respondent and further undertake not to sub let or underlet the plaint schedule property during the said period. Hence, this affidavit of undertaking.
Wherefore, I pray that this Hon’ble Court may be pleased to accept the undertaking and grant time till 31.03.2021 to vacate and deliver vacant possession of the plaint schedule property in the interest of justice equity.
I do hereby declare that whatever stated in above para is true and correct and I verify the same.
3. Learned counsel for the respondent/landlord has no objection and submits that the petitioner/defendant could be granted time till 31.03.2021 directing him to pay rent of Rs.5,000/- p.m.
4. Accordingly, the petitioner is directed to vacate and handover the vacant possession of the schedule premises to the plaintiff/respondent or on before 31.03.2021 and further directed to pay rent of Rs.5,000/- p.m. from 01.01.2020 till he vacates the schedule premises on 31.03.2021. The revision petition is disposed of, in terms of the affidavit undertaking.
Sd/- JUDGE mpk/-* CT:bms