Karnataka High Court
Smt D Kalavathi vs Sri K N Dayalu on 6 November, 2014
Author: Aravind Kumar
Bench: Aravind Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 6TH DAY OF NOVEMBER, 2014
BEFORE
THE HON'BLE MR.JUSTICE ARAVIND KUMAR
C.R.P.NO.347/2014
BETWEEN:
1.SMT.D.KALAVATHI
W/O LATE DHANARAJ,
AGED ABOUT 55 YERS,
R/AT NO.29, 11TH CROSS,
VYALIKAVAL,
BANGALORE-560003.
2.MR.VISHWANATH D.
S/O LATE DHANARAJ,
AGED ABOUT 32 YEARS,
R/AT NO.29, 11TH CROSS,
VYALIKAVAL,
BANGALORE-560003.
3.MR.NANJUNDESHWARA D.
S/O LATE DHANARAJ,
AGED ABOUT 28 YEARS,
R/AT NO.29, 11TH CROSS,
VYALIKAVAL,
BANGALORE-560003.
4.SUNIL D.,
S/O LATE DHANARAJ,
AGED ABOUT 21 YEARS,
2
R/AT NO.29, 11TH CROSS,
VYALIKAVAL,
BANGALORE-560003. ..PETITIONERS
(BY SRI.MOHAMMAD NIYAZ S., ADVOCATE)
AND:
SRI.K.N.DAYALU
S/O LATE K.V.NAGAPPA GOWDA,
AGED ABOUT 51 YEARS,
NO.29 AND 30, 11TH CROSS,
VYALIKAVAL,
BANGALORE-560003. ..RESPONDENT
(BY SRI.K.N.DAYALU, PARTY-IN-PERSON)
THIS CRP IS FILED UNDER SECTION 18 OF
KARNATAKA SMALL CAUSES COURTS ACT, AGAINST THE
JUDGMENT AND DECREE DATED 22.07.2014 PASSED IN
S.C.NO.15216/2011 ON THE FILE OF THE XV ADDL.
JUDGE, COURT OF SMALL CAUSES, MAYOHALL UNIT,
MEMBER, MACT, BANGALORE, (SCCH 19), DECREEING
THE SUIT FOR POSSESSION, ARREARS OF RENT,
DAMAGES.
THIS CRP COMING ON FOR ADMISSION THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This is a tenant's revision petition calling in question order passed by XV Additional Judge, Court of Small Causes, Mayohall, Bangalore, dated 22.07.2014 in S.C.15216/2011 3 whereunder the suit for ejectment came to be decreed and petitioner-defendant has been directed to quit, vacate and deliver vacant possession of suit schedule property to the respondent-plaintiff within a period of two months from the date of order (22.07.2014). Learned advocate appearing for revision petitioners and respondent-party in person after arguing the matter for considerable length of time have filed a compromise petition under Order XXIII Rule 3 read with section 151 of C.P.C whereunder they have settled the dispute as per the terms set out in the compromise petition which reads as under:
"3. The petitioners hereby agree and undertake to quit, vacate and deliver the vacant possession of the schedule premises, if time is granted till 3rd February, 2016. The respondent has hereby agreed to grant time to the petitioners till 3rd February 2016.
4. The petitioners have agreed to pay total sum of Rs.1,09,000/- (Rupees One Lakh Nine Thousand) towards arrears of rent and damages from the date 4 of termination of tenancy and accordingly paid a sum of Rs.34,000/- (Rupees Thirty Four Thousand) on 31.10.2014 before this Hon'ble Court and Rs.75,000/- (Rupees Seventy Five Thousand) is agreed to be paid as hereunder:
(i) Rs.25,000/- (Rupees Twenty Five Thousand) on or before 18.11.2014;
(ii) Rs.25,000/- (Rupees Twenty Five Thousand) on or before 18.12.2014;
(iii) Rs.25,000/- (Rupees Twenty Five Thousand) on or before 18.01.2015;
The above amount has to be paid by cheques. Thus on payment of the above total sum of Rs.75,000/- (Rupees Seventy-Five Thousand), which covers arrears of rent and damages till 01.11.2014 as agreed. If the petitioners fail to pay the above amount within the specified period as agreed, the respondent is at liberty to execute the judgment and decree of the trial court.
5. The petitioners hereby further agree to pay Rs.2,500/- (Rupees Two Thousand Five Hundred) per month as damages from 01.11.2014 till 3rd 5 February 2016 for use and occupation of the schedule premise without any single default. The rent shall be paid on or before 10th of every month by cheque. In the event, the petitioner's default in payment of damages as agreed, the respondent is at liberty to execute the judgment and decree passed without any further notice without waiting for the above agreed period.
6. The petitioners hereby undertake that they would not seek any further extension of time and would vacate voluntarily on the expiry of the agreed period and violation of any terms of this compromise liable for eviction and the respondent is at liberty to execute the judgment and decree of the trial court. The petitioners hereby undertake to file affidavit in terms of the compromise petition".
2. Petitioners are present before the court. They admit execution of compromise petition and have affixed their signatures to the compromise petition out of their own free will and volition without any threat, force or coercion. 6 Respondent is a practicing advocate of this bar and he is also present in person and submits that he has also executed the compromise petition. In the light of submission made by the parties present before court, compromise petition is hereby accepted.
Hence, following:
ORDER
1. Revision Petition stands disposed of by affirming the Judgment and decree passed by XV Additional Judge, Small Causes Court, Mayohall, Bangalore, dated 22.07.2014 in S.C.15216/2011 insofar as decreeing the suit for ejectment is concerned and time granted by trial court stands enlarged upto to 03.02.2016.
2. Parties to bear their respective costs.
Sd/-
JUDGE SBN