IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF OCTOBER 2019 BEFORE THE HON' BLE MR. JUSTICE S.G. PANDIT C.R.P.No.294/2019 BETWEEN:
SRI MOHAMMED SUFIYAN S/O LATE SULAIAMAN SAIT AGED ABOUT 65 YEARS R/AT. No.179, COMMERCIAL STREET MARIYAMMA KOIL STREET 1ST CROSS, 2ND FLOOR OPP. ANAND SWEETS BENGALURU-560001.
[BY SRI. SYED KHAMRUDDIN, ADV.] AND:
SRI SYED ABDUL RAZACK @ AAZAM S/O SYED ABDUL KHADER AGED ABOUT 72 YEARS R/AT. No.2038, 17TH MAIN, 1ST CROSS HAL 2ND STAGE, INDIRANAGAR BENGALURU-560038.
[BY SRI. V. SRINIVASAN, ADV.] ... PETITIONER ... RESPONDENT THIS CIVIL REVISION PETITION IS FILED UNDER SECTION 18 OF THE KARNATAKA SMALL CAUSE COURT ACT, AGAINST THE JUDGMENT AND DECREE DATED 23.4.2019 PASSED IN S.C.No.1685/2017 ON THE FILE OF THE XIX ADDITIONAL SMALL CAUSE JUDGE, MACT AND XLI ACMM BANGALORE, DECREEING THE SUIT FOR EJECTMENT.
THIS CIVIL REVISION PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This revision petition is filed under Section 18 of the Karnataka Small Cause Court Act, 1964 against the judgment and award dated 23.04.2019 in SC No.1685/2017 on the file of XIX Additional Small Cause Judge, MACT and XLI ACMM, Bangalore.
2. Notice of the petition was issued to the respondent, taking note of the submission of the learned counsel for the petitioner that the petitioner would require some time to vacate and hand over suit schedule premises.
3. On appearance of the respondent, both the petitioner and respondent have filed joint memo dated 22.10.2019 signed by the petitioner and respondent as well as their counsel. Both the petitioner and respondent are present before the Court, who are identified by the learned counsel for the parties. The joint memo reads as follows :-
“JOINT MEMO FILED BY THE PETITIONER AND THE RESPONDENT:
The Petitioner and the Respondent respectfully submit as under:
1. The Petitioner and the Respondent have entered into this Compromise at the behest of their friends and well-wishers out of their own free will, consent and volition without any element of threat, misrepresentation, coercion or undue influence. The parties have entered into this compromise after securing legal advice from their respective legal counsels.
2. The Petitioner as a term of Compromise has requested the Respondent to permit the Petitioner to quit and deliver vacant possession of the Suit Schedule Property on 31.12.2020 without driving the Respondent to file execution of the decree.
3. The Petitioner further agrees to pay 8,000/- (Rupees Eight Thousand Only) as rent for the use and occupation of the Schedule Property, until handing over of vacant physical possession of the Schedule Property to the Respondent. The Security Deposit, if any, paid by the Petitioner to the Respondent shall be adjusted towards payment of rent. The Petitioner shall produce a valid receipt for payment of Security Deposit.
4. The Petitioner agrees and undertakes not to induct any other person or part with possession, or put in tenancy/occupation any other persons, or in any way sub-let or licence, or encumber or create any hindrance to the right, title or interest of the Respondent as entitled to him under this compromise. The Petitioner agrees not damage or put up any permanent structures or make additional structural changes or cause damages, or in other than on account of normal wear and tear of the Suit Schedule Property.
5. It is also agreed between the parties that in the event the Petitioner defaults and fails to make payments of damges for 2 (Two) consecutive months or breaches any of the conditions in the Joint Memo, the time granted to vacate herein shall stand revoked and the Respondent shall be entitled to evict the Petitioner by executing the decree and obtain possession of the Suit Schedule Property from the Petitioner and also claim arrears, damages incurred by the Respondent till he vacates and hands over vacant possession of the Suit Scheduled Property to the Respondent.
Wherefore, it is prayed that this Hon’ble Court be pleased to decree the above suit in terms of this Compromise, in the interest of justice and equity.”
4. As per the above joint memo the petitioner is granted time to vacate and deliver vacant possession of the suit schedule premises till 31.12.2020. The revision petition is disposed off in terms of the joint memo filed by the parties. The judgment and award dated 23.04.2019 passed in S.C.No.1685/2017 is modified to the above extent.
Sd/- JUDGE NG* CT:bms