Karnataka High Court
M/S Ramakrishna Traders vs Sri. V.R. Inamdar on 16 November, 2016
Author: B.Veerappa
Bench: B.Veerappa
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF NOVEMBER, 2016
BEFORE
THE HON'BLE Mr.JUSTICE B.VEERAPPA
HRRP No. 62/2016
BETWEEN:
M/s.RAMAKRISHNA TRADERS
#5, GROUND FLOOR, SLV COMPLEX,
(OLD VISWAGANDHI COMPLES)
GUNDOPANTH ROAD, O.T.PET CROSS
BEHIND CITY MARKET
BANGALORE-560 002
REPRESENTED BY ITS
PROPRIETOR SRI.P.L.SRINIVAS. ... PETITIONER
(By Sri. V D RAVIRAJ, Advocate)
AND:
1. SRI. V.R. INAMDAR
S/O LATE K.RAMACHANDRA RAO,
AGED ABOUT 71 YEARS.
2. SRI.R.BHARATH
S/O LATE K.RAMACHANDRA RAO,
AGED ABOUT 62 YEARS.
3. SRI.R.DHRUVA RAO
S/O LATE K.RAMACHANDRA RAO,
AGED ABOUT 61 YEARS.
4. SRI.R.MADHUSUDAN
S/O LATE K.RAMACHANDRA RAO,
AGED ABOUT 56 YEARS.
2
5. SMT. SEETHA BAI
W/O LATE K.RAMACHANDRA RAO,
AGED ABOUT 91 YEARS.
ALL ARE R/AT #1399,
37TH 'B' CROSS,
4TH 'T' BLOCK, JAYANAGAR,
BANGALORE-560 041. ...RESPONDENTS
(By Sri.RAMESH ANANTHAN, Advocate
for C/R1-R5)
THIS HRRP FILED UNDER SEC.46(1) OF
KARANATAKA RENT ACT, AGAINST THE JUDGMENT
AND DECREE DATED 10.06.2016 PASSED IN
HRC.NO.132/2015 ON THE FILE OF THE CHIEF
JUDGE, COURT OF SMALL CAUSES, BENGALURU,
ALLOWING THE PETITION FILED UNDER
SEC.27(2)(r)(i)(ii) OF KARNATAKA RENT ACT, 1999.
THIS HRRP COMING ON FOR ADMISSION, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner who is the tenant is before this Court against the order dated 10.06.2015 made in HRC No.132/2015 on the file of the Chief Judge, Court of Small Causes, Bengaluru allowing the petition of the landlord/respondents filed under 3 Section 29(2)(r)(i) (ii) of Karnataka Rent Act, 1999, granting time to the petitioner to quit, vacate and deliver vacant possession of the petition schedule premises to the landlord within three months from the date of the order.
2. Today, when the matter is posted for admission, both the learned counsel and the parties have filed a joint memo signed by both the parties to the lis as well as the counsel for the respective parties, which reads as under:
"2. It is submitted by both the parties to the Revision Petition that after mutual discussion with the intervention of their respective counsels, the parties have resolved their dispute amicably on the following terms and conditions.
3. The petitioner has agreed to pay rent in respect of the schedule property from June 2015 till the end of October 2016 (17 months) at the rate of Rs.11,700/- (Rupees 4 Eleven Thousand and Seven Hundred only) per month and accordingly, the petitioner has this day paid a sum of Rs.1,87,150/- (Rupees One Lakh Eighty Seven Thousand One Hundred and Fifty only) after deducting the rent already been paid. The above said amount has already been paid by cash to the respondents/ landlords, receipt of said sum has been confirmed by the respondents/landlords.
4. The Respondents/landlords agreed to renew the lease of the schedule premises for further period of two years commencing from 01.11.2016 for which the petitioner shall pay rent at the rate of Rs.12,500/- (Rupees Twelve Thousand and Five Hundred only) per month as rent. The parties have mutually agreed to enter into a fresh Lease Agreement in respect of the petition schedule premises.
5. It is further mutually agreed the parties that further renewal of the lease beyond two years is subject to the condition of enhancement of rent at the rate of 10% 5 over and above the last rent paid and once in every two years thereafter.
6. The petitioner has agreed to pay the rent on or before 10th of every month by cheque/DD/Pay Order. Any cash payment of rent is subject to proper receipt. The Respondents herein have agreed for the same."
3. In terms of the joint memo, this petition is disposed of.
Sd/-
JUDGE dh