M/S Singer India Limited vs Smt Bharathi S on 6 November, 2012

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Karnataka High Court

M/S Singer India Limited vs Smt Bharathi S on 6 November, 2012

Bench: N. Ananda

                                1


  IN THE HIGH COURT OF KARNATAKA AT BANGALORE

     DATED THIS THE 06TH DAY OF NOVEMBER 2012

                            BEFORE

           THE HON'BLE MR.JUSTICE N. ANANDA

                    C.R.P.No.357/2012 (SC)
BETWEEN:
M/s.Singer India Limited
Registered Office at No.71
II Floor, Guru Anagada Bhavan
Nehru Place, New Delhi-110 019
Rep. by its Area Manager
Also at:
M/s.Singer Sewing Machine Company
Now named as M/s.Singer India Limited
No.494, Ground Floor, Avenue Road
Bangalore - 560 002.                            ...Petitioner

(By Sriyuths Nataraja Ballal & Y.Shetty, Advocates)

AND:
1. Smt.Bharathi.S
   W/o Shri C.Sundar Raju
   Aged about 53 Years

2. Shri Pradeep S.
   S/o Shri C.Sundar Raju
   Aged about 28 Years

   Both are r/at No.253/C
   BSK-1 Stage, 2nd Block
   Hanumanthanagar
   Bangalore - 560 050.                        ...Respondents

(By Sri V.B.Shiva Kumar, Advocate for C/R)
                                  2


        This revision petition is filed under section 18 of the Small
Causes Courts Act, against the judgment and decree dated
01.08.2012, passed in S.C.No.1026/2011, on the file of XII
Additional Small Causes Judge at Bangalore, decreeing the suit
for ejectment and etc.

      This revision petition coming on for admission this day, the
court made the following:

                            ORDER

When the matter is taken up for hearing, learned counsel for parties have filed a joint memo reading as hereunder:-

"JOINT MEMO The parties to the above petition respectfully submit as follows:

That the Petitioner and the Respondents have settled the lis between them on the following terms:

(A) That the Petitioner shall vacate the suit schedule premises on 05/08/2013;

(B) That the Petitioner shall pay during the said period the rents, on or before the 5th of the succeeding month;

(C) That the Petitioner shall also pay the arrears of rent if any within 31/12/2012;

(D) The Petitioner shall not sub-let or induct any third person to the suit schedule premises during this period;

(E) The Respondent shall not execute the delivery warrant during this period;

WHEREFORE, the parties respectfully pray that this Hon'ble Court may be pleased to dispose of the above petition in above terms in the interest of justice and equity."

2. The joint memo is accepted. In view of the joint memo filed by parties, the impugned judgment of eviction is confirmed. The petitioner-tenant shall vacate and deliver vacant possession of suit schedule premises to respondents- landlords on or before 05.08.2013. Henceforth, the petitioner-tenant shall pay rents regularly, on or before 5th of every month and also pay arrears of rent if any before 31.12.2012. If petitioner-tenant commits default in payment 4 of rent, the benefit of time granted in terms of this order stands revoked. The petitioner-tenant shall not create third party interest or induct third party into suit schedule premises. The petitioner-tenant shall not drive respondents- landlords to execution proceedings.

3. The revision petition is disposed off in terms of the joint memo filed by learned counsel for parties.

Sd/-

JUDGE SNN

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