IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR.JUSTICE S.G.PANDIT CIVIL REVISION PETITION.No.213 OF 2019 BETWEEN SRI.VISHWANATH, S/O GOVINDA POOJARI, AGED ABOUT 39 YEARS, FLAT NO.102, FIRST FLOOR, PROPERTY NO.18, 16TH MAIN, 10TH “A” CROSS, BTM 2ND STAGE, BANGALORE – 560 076. ... PETITIONER (BY SRI. M.NAGESH, ADVOCATE) AND SMT. LEELAVATHI G., W/O LATE K.V.RAMESH, AGED ABOUT 33 YEARS, RESIDING AT NO.51, VINAYAKA LAYOUT, MAGADI MAIN ROAD, BASAVESHWARANAGAR, BENGALURU – 560 079. ... RESPONDENT (BY SRI.VIJAY BHONSLE, ADVOCATE) THIS CIVIL REVISION PETITION IS FILED UNDER SECTION 18 OF SMALL CAUSES READ WITH SECTION 151 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 21.02.2019 PASSED IN S.C.NO.347/2017 ON THE FILE OF THE VIII ADDL. SCJ AND XXXIII ACMM, MEMBER, MACT, BENGALURU DECREEING THE SUIT FOR EVICTION.
THIS CIVIL REVISION PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This revision petition is directed against the judgment and decree dated 21-2-2019 passed in S.C.No.347/2017 on the file of the VIII Additional SCJ & XXXIII ACMM Member, MACT, Bengaluru. The suit of the plaintiff was decreed and defendant-tenant was directed to vacate and hand over the vacant possession of the schedule premises along with arrears of rent of Rs.91,200/- from January 2015 within two months from the date of Judgment. The petitioner is defendant and respondent is plaintiff in S.C.No.347/2017.
2. The plaintiff-respondent had entered caveat today.
Joint memo dated 20-11-2019 is filed, wherein the petitioner has agreed to vacate and hand over the suit schedule premises to the respondent on or before 30-05-2020, for which the respondent-landlord has agreed. The respondent herein acknowledges receipt of Rs.1,00,000/- by DD.No.859446 drawn on Union Bank dated 19-11-2019. Further, the petitioner has agreed to pay Rs.3,800/- per month from November-2019 until he vacates the schedule premises.
3. The joint memo dated 20-11-2019 is signed by both the petitioner and respondent as well as their respective counsels. They are also present before this Court. The petitioner and respondent are identified by their respective counsels. The joint memo reads as follows:
“The Petitioner and the Respondent above named humbly submit that due to the intervention of Common friends and well-wishers they have decided to settle the dispute amicably on the following terms:
1. The Petitioner under takes to vacate the Schedule Premises on or before 30th May 2020 and hand over Vacant possession of the same to the Respondent without causing any damage to the Schedule premises.
2. The Petitioner hereby pays the arrears of rent of Rs.1,00,000/- (Rupees One Lakh Only) to the Respondent vide Demand Draft number no. “859446” drawn on Union Bank dt: 19-11-2019.
3. The Petitioner under takes to pay a sum of Rs.3,800/- per month from November 2019 regularly to the Respondent till 30th April 2020 in respect of Schedule Premises on or before 5th of every month.
4. The petitioner agrees that if he fails to pay the agreed sum of Rs.3,800/- every month to the Respondent, the Petitioner shall be liable to be evicted by the Respondent, immediately on default through the process of execution without waiting till 30th April 2020.
WHEREFORE, it is humbly prayed that this Hon’ble Court be pleased to dispose off the above petition by recording the above terms in the interest of equity and justice.”
The Petition is disposed off in terms of the above joint memo.
The judgment and decree dated 21-2-2019 passed in S.C.No.347/2017 on the file of the VIII Additional SCJ & XXXIII ACMM Member, MACT, Bengaluru, is modified to the above extent.
Sd/- JUDGE SMJ