IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA REGULAR FIRST APPEAL NO.923/2017(RES) BETWEEN:
SRI. V. NARASIMHARAJU, S/O. LATE SRI. VENKATARAJU, AGED ABOUT 58 YEARS, NO.52/4, GROUND FLOOR, DATTATREYA TEMPLE ROAD, PIPELINE MAIN ROAD, BENGALURU-560 003.
... APPELLANT (BY SRI G.S. VENKAT SUBBA RAO, ADVOCATE) AND:
SRI. V. REVOJI RAO, S/O. LATE SRI. VENKATARAJ JADHAV, AGED ABOUT 65 YEARS, NO.52/4, AHALYA NILAYA, 1ST FLOOR, DATTATREYA TEMPLE ROAD, PIPELINE MAIN ROAD, BENGALURU-560 003.
(BY SRI B.A. LAZAR, ADVOCATE FOR SRI G. S. PRASANNA KUMAR, ADVOCATE) ... RESPONDENT THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 28.03.2017 PASSED IN O.S.NO.779/2012 ON THE FILE OF THE XXX ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BENGALURU, DECREEING THE SUIT FOR EJECTMENT ETC., THIS RFA COMING UP FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING.
J U D G M E N T This Regular First Appeal is filed by the defendant – tenant against the Judgment & Decree dated 28.3.2017 made in O.S. No.779/2012 on the file of the XXX Addl. City Civil & Sessions Judge, Bangalore city decreeing the suit for ejectment and directing the defendant to hand over vacant possession of the suit schedule premises to the plaintiff - landlord within two months from the date of judgment with liberty to the plaintiff to adjust the security deposit amount of Rs.1,50,000/- towards arrears of rent and damages/mesne profits.
2. After arguing the matter for some time, learned counsel for the parties have arrived at settlement. Accordingly, the learned counsel for the appellant – tenant seeks time till 30th April 2019 to vacate and hand over vacant possession of the suit schedule premises to the respondent - landlord on regular payment of damages at the rate of Rs.13,000/- per month from the date of impugned Judgment & Decree i.e, 28.3.2017 till the vacation of the suit schedule premises i.e, on or before 30.4.2019. The same is agreed by Sri B.A. Lazar, learned counsel appearing on behalf of Sri G.S. Prasannakumar, learned advocate for the respondent – landlord. Accordingly, the affidavit of appellant – Narasimharaju is filed today in the open Court. The same is placed on record. The affidavit reads as under:
I, B. Narasimharaju, S/o late Sri Venkataraju, aged about 58 years, No.52/4, Ground Floor, Dattatreya Temple Road, Pipeline Main Road, Bengaluru 560003, do hereby solemnly affirm and state on oath as follows:
1. I submit that I am the Appellant in the above case and am acquainted with the facts of the case and hence swearing to this affidavit.
2. I submit that I have preferred the above appeal being aggrieved by the impugned judgment and decree of eviction passed by the XXX Addl. City Civil & Sessions Judge, Bengaluru in O.S.No.779/2012 for ejectment.
3. I submit that the matter in dispute is amicably resolved between the parties and a Joint Memo to that effect is filed before this Hon’ble Court.
4. I submit that the respondent has agreed to provide time up to 30.04.2019 to vacate and deliver vacant possession of the suit schedule premises subject to payment of damages at Rs.13,000/- p.m.
5. I submit that accordingly I undertake to vacate and deliver vacant possession of the suit schedule premises to the respondent on or before 30.04.2019 in terms of the settlement arrived at and also pay the damages of Rs.13,000/- p.m. from the date of decree till 30.4.2019.
6. I submit that during the said period until delivery of possession, I undertake that I will not create any third party rights by sub-letting the suit schedule premises .
Wherefore under the circumstances I pray that this Hon’ble Court be pleased to accept the above affidavit by way of undertaking and dispose of the above appeal as per the Joint Memo filed, in the interest of justice and equity.
3. In view of the affidavit filed, the impugned Judgment & Decree passed by the trial Court decreeing the suit filed by the respondent - landlord is confirmed. The respondent has agreed to provide time up to 30.4.2019 to vacate and deliver vacant possession of the suit schedule premises subject to regular payment of damages at Rs.13,000/- per month.
4. In view of the above, in terms of the affidavit, the appellant – tenant shall vacate and deliver vacant possession of the suit schedule premises to the respondent – landlord on or before 30th April 2019 subject to regular payment of damages at the rate of Rs.13,000/- (Rupees thirteen thousand only) per month from the date of the impugned judgment i.e., 28.3.2017 till 30th April 2019 after adjusting the amount already paid. The appellant – tenant shall not induct any third party into the suit schedule premises and shall not sub-let or damage the property. The appellant shall not seek further extension of time and he should not damage the property in question. The respondent - landlord is at liberty to adjust the Security Deposit amount of Rs.1,50,000/- (Rupees one lakh fifty thousand only) toward arrears of rent and damages/mesne profits.
Accordingly, the Regular First Appeal is disposed of.
Sd/-
Gss/- JUDGE