Karnataka High Court
M J Shanthakumar vs K. Narayan on 27 September, 2019
Author: Krishna S.Dixit
Bench: Krishna S Dixit
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF SEPTEMBER, 2019
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S DIXIT
WRIT PETITION NOS.48922-48924/2014 (GM-CPC)
BETWEEN:
M. J. SHANTHAKUMAR
SINCE DECEASED
1. DR. SUSHAL SHANTHAKUMAR
S/O M. J. SHANTHAKUMAR
AGED ABOUT 31 YEARS
R/AT NO.16/15
SOUTH END ROAD
BASAVANAGUDI
BANGALORE - 560 004
2. SRI SUPREETH SHANTHAKUMAR
S/O M. J. SHANTHAKUMAR
AGED ABOUT 28 YEARS
R/AT NO.16/15
SOUTH END ROAD
BASAVANAGUDI
BANGALORE - 560 004 ... PETITIONERS
(BY SRI V.V. GUNJAL, ADVOCATE)
AND:
K. NARAYAN
S/O KARIYAPPA
AGED ABOUT 56 YEARS
R/AT NO. 986, II STAGE
6TH CROSS, 9TH MAIN
WEST OF CHORD ROAD
BANGALORE - 560 086 ... RESPONDENT
(BY SRI K. SHIVALINGAPPA, ADVOCATE)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
ANNEXURE-G DATED 15.04.2014 PASSED IN S.C.NO.68/2012 BY
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THE 16TH ADDITIONAL COURT OF SMALL CAUSES, BANGALORE
AND ALLOWING THE APPLICATION FILED UNDER ORDER 41
RULE 1 AND DIRECTING ENQUIRY REGARDING STATUS OF THE
PETITIONERS AS LEGAL HEIRS OF THE DECEASED PLAINTIFF
AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
This writ petition is disposed off in terms of compromise petition which reads as under:
"The Parties to the above petition mutually submit before this Hon'ble court as under:
1. The petitions have filed the above petition seeking eviction of the defendant who is occupying the premises and running a Bar and Restaurant under the name and style Ragam Bar and Restaurant and some portion of the premises was used as Club under the name and style Kavita Associates where in the first floor of the property was used as bar and partly used or purpose of kitchen and washing area of the Bar and restaurant located in the hind side of her plot. The respondent was the tenant of both the premises.
2. The eviction petition was deceased father of the petitioner for ejectment of the tenant from the suit premises after the filing of the written statement the sole plaintiff died. The petitioners who are the sons 3 of the deceased landlord filed an application under Order 22 Rule 2, which came to be allowed after hearing the respondents. The cause title was also amended. Thereafter the respondent filed a review application which came to be allowed without hearing the petitions. The petitioners filed an application to recall / restore the order passed on application under Order 22 Rule 2 under Section 151 and also filed a Memo. The said application was also rejected. Petitioners had also brought to the notice of the Court that P and S C No.103/2013 was pending, since disposed off on 29-10-2015.
3. In the above writ petition petitioners sought to Quash Annexure G dated 15-04-2014 passed in S C No.68/2012 (Old OS.No.5493/2007) passed by the 16th Additional Court of Small causes, Bangalore and allowing the Application filed under Order 41 Rule 1 and directing enquiry regarding status of the Petitioners as legal heirs of the deceased Plaintiff and also sought to Quash Annexure K Order dated 08-09-2014 passed in S C No.68/2012 passed by the 16th Additional Court of Small Causes, Bangalore rejecting Application filed under Section 151 of the CPC. Subsequently in the Lok Adalat the RESPONDENT/DEFENDANT agreed to vacate the entire premises which were subject matter in SC.No.68/2012 on or before 30th April 2018. In O S No.5492/2007, the matter was 4 settled before the Bangalore Mediation Center on 30th June 2015. However the issue regarding the acceptance of the Petitioners as successors and legal heirs was pending the P and SC 103.2013/2015 also came to be allowed.
4. In the light of the above the respondent concedes that the Petitioners are the legal heirs of deceased M J Shantha Kumar and it is a composite tenancy and he is the sole tenant of SCHEDULE A and B portion, i.e., The Ragam Bar and the M/s Kavita Associates are owned and managed by him and are not separate tenancy. The Respondent / Defendant that the suit schedule properties are succeed to by the Petitioners and though the Respondents shall agreed to vacate the premises by 30th April 2018, as aforesaid. However this Petition was pending and would cause conflict, as the issue of legal heirs was to be determined by the Competent Court alone.
5. In the meanwhile the Respondents approached the Petitioner that they would require some more time and vacate the SCHEDULE A and B premises on or before 31st December 2019 and would also pay enhanced rent @ Rs.60,000/- (Rs.Sixty thousand only) per month towards SCHEDULE A and B premises. This offer was agreed mutually with clear understanding that it would not in many manner create a new tenancy and was only extended grace period to vacate the premises.5
6. The terms of this settlement also extracted herein below.
(i) The Parties by mutual discussion and upon the intervention of the well wishers have settled the matter amicably, voluntarily and without any force or coercion from whomsoever on the following terms:
(ii) That the Petitioners are the legal heir of the Deceased M J SHANTHA KUMAR. The Defendant agrees and undertakes to quit/vacate and hand over peaceful possession of the entire SCHEDULE A and B premises to the Plaintiffs / Petitioners on or before 31st December 2019, subject to the petitioner refunding Rs.7,80,000/- deposit lying with them
(iii) The Defendant / Respondent agrees to pay rent @ Rs.60,000/- (Rs. Sixty thousand only) per month towards SCHEDULE A and B premises on or before 5th of each month from 1st May 2018 to 31st December 2019 and not induct or create any third party interest in the suit premises
(iv) In the even there is and default in the payment of rent the Petitioners can execute the decree and seek immediate possession of the premises, by taking recourse to execution of the decree
(v) The respondents agrees to quit, vacate and hand over possession on or before 31st December 2019 to the Petitioner without recourse to pushing the petitioners to execute the Decree both in O.S.No.5492/2007 (X Addl City Civil judge and 6 Session Judge - CCH 26) compromised before the Bangalore Mediation Center and S C No.68/12 pending on the file of the XVI ADDL SCJ and XL ACMM. - SCCH 14) and honor this undertaking and quit and hand over vacant possession, without any further loss of time.
(vi) Both the parties shall bear their respective cost of the litigation The Petitioners and Respondent jointly pray that this Hon'ble Court be pleaded to dispose off writ petition, recording the Compromise on the above terms, in the interest of justice and equity Bangalore Sd/- Sd/-
Date: Advocate for Petitioners PETITIONERS Sd/- Sd/-
Advocate for Respondent RESPONDENTS SUIT SCHEDULE OF THE PROPERTY (SSP) All that piece and parcel of Premises No.34, 35 and 35/1, 5th Cross, Malleswaram, Bangalore- 560 003, bounded on the East By: Lane, West by:
Sanjeevappa's Property, North by 5th Cross, Malleswaram and South By: Smt. M J Shanthamma's Property Note: The Premises - M/s Ragam Bas and Restaurant, comprises of the entrance at the middle of the building (shops on either side belonging to the Landlord) facing the V Cross, Malleswaram. The premises is approximately 80 Feet Depth and 30 Feet wide with internal staircase leading to the 7 hind half of the first floor. (The front portion of the 1st floor is also leased to the same tenant, wherein Kavita Associates be being managed and run by the same tenant) Note: 2 The hind portion of the SPP same building is also occupied by the same tenant owned by the late M J Shantha Kumar's sister, which has since been vacated) AND All that piece and parcel of Premises No.34 and 35, 5th Cross, Malleswaram, Bangalore-560 003, bounded on the East By: Lane, West by:
Sanjeevappa's Property, North by 5th Cross, Malleswaram and South By: Smt. M J Shanthamma's Property Note: The Premises - M/s Kavita Associates, the front portion facing the V Cross road, Malleswaram, Bangalore on the first floor. The premises is approximately 60 Feet Depth and 30 Feet wide with staircase. (The major portion of the Ground floor of the building and hind portion of the 1st floor is also leased to the same tenant, wherein he is carrying on the business of Ragam Bar and Restaurant) Note: 2 the hind portion of the SSP same building is also occupied by the same tenant owned by the late M J Shantha Kumar's sister, Smt.Chinnamma, which has since been vacated) 8 Note: 2 The front portion of the SSP same building is also occupied by the same tenant owned by the Plaintiffs brother since deceased by his legal heirs) VERIFICATION Herein, We Dr Sushal Shanthakumar and Sri Mr.Supreeth Shanthakumar (represented by GPA holder Dr.Sushal Shanthakumar) both sons of late M J SHANTHA KUMAR and K Narayan S/o Kariyappa for himself and Kavita Social Association ®, Also called as Kavita Social Association Club, do hereby solemnly affirm and state that the contents of compromise petition are as per our instructions and are read over to us and the same are true and we admit them as correct and entered into mutually and are true to the best of my information, knowledge and belief.
Date: 27/9/19
Sd/- Sd/-
PETITIONER NO.1 RESPONDENT"
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JUDGE
KTY