Karnataka High Court
Sri. Mahaveer Chand Jain vs Sri S. Ramu on 6 July, 2018
Author: B.Veerappa
Bench: B.Veerappa
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JULY, 2018
BEFORE
THE HON'BLE MR. JUSTICE B.VEERAPPA
HRRP No.81 OF 2016
Between:
Sri. Mahaveer Chand Jain,
S/o. Gulab Chand.
By his L.Rs.
1(a) Mr. Kumar M.Mohit,
S/o. Late Mahaveer Chand,
Aged about 26 years.
1(b) Smt. Santhosh Kumari,
W/o. Late Mahaveer Chand,
Aged about 56 years.
Petitioner 1(a) to 1(b) are residing at
No.7/2, OTC Road, 1st 'A' Cross,
Chickpet, Bengaluru-560053.
...Petitioners
(By Sri. H.Sunil Kumar, Advocate
for LR's of deceased P1 and P2)
And:
1. Sri. S.Ramu,
S/o. Late Suresh,
Aged about 31 years.
2
2. Smt. Savithramma,
W/o. Late Suresh,
Aged about 57 years.
Both are residing at No.2,
Sowrashtrapet,
2nd Cross, Balepet,
Bengaluru-560002.
... Respondents
(By Sri. K.L.Shreenevasa, Advocate
for C/R1 and R2)
This HRRP filed under section 46(1) of the
Karnataka Rent Act., 1999 against the order dated
12.07.2016 passed in HRC.No.146/2015 on the file of
the Chief Judge, Court of Small Causes, Bengaluru,
allowing the petition filed under Section 27(2)(r) of the
Karnataka Rent Act, 1999.
This HRRP coming on for admission, this day, the
Court delivered the following:
JUDGMENT
The legal representatives of the tenant Mahaveer Chand Jain has filed this HRRP against the order dated 12.07.2016 made in HRC.No.146/2015 allowing the petitioner filed by the landlords under Section 27(2) of the Karnataka Rent Act, 1999 directing the father of the petitioners to quit, vacate and deliver vacant possession 3 of the schedule premises to the petitioner/landlord within 30 months.
2. The petitioners and the respondents filed compromise petition under Order 23 Rule 3 of Cr.P.C., which reads as under:
"Compromise Petition under Order XXIII Rule 3 of Code of Civil Procedure The parties to the above Revision Petition submit as follows:-
1. At the intervention of common friends and well wishers of the parties to the above petition, the dispute involved in the above petition has been resolved and settled among themselves on the following terms of the compromise.
2. It is submitted that Sri. Mahaveer Chand Jain the original Petitioner herein being aggrieved by the order dated 12.07.2016 passed by the Chief Judge, Court of Small Causes at Bengaluru in H.R.C.No.146/2015 has filed the above 4 petition against the Respondents herein with a prayer to set aside the same.
3. That Petitioner/Mahaveer Chand Jain during the pendency of above petition, expired after prolonged illness on 03.02.2018. The Petitioner No.1(a) and Petitioner No.1(b) being his son and wife respectively have come on record in place of deceased Petitioner/Mahaveer Chand Jain by virtue of order dated 19.06.2018 passed by this Hon'ble Court.
4. That Petitioner No.1(a) and 1(b) submit that continuing their tenancy in the petition schedule premises is not possible for the reasons known to them consequent upon the death of Petitioner/Mahaveer Chand Jain, hence they agreed to quit, vacate and deliver vacant physical possession of petition schedule premises to the Respondents on or before 31.07.2018.
5. Respondents on the consideration that petitioner No.1(a) and 1(b) have agreed to vacate the petition schedule premises and 5 hand over physical vacant possession within 31.07.2018, have received Rs.4,00,000/- (Rupees Four Lakhs Only) which includes Rs.1,08,000/- (Rupees one Lakh Eight Thousand Only) the advance amount paid by Petitioner/Mahaveer Chand Jain to Late. V.Ramaiah the grandfather of Respondent No.1, Two Demand Drafts, drawn in their favour the details of said Demand Drafts Mentioned below:-
(a) Rs.2,00,000/- (Rupees Two Lakhs only), Demand Draft bearing No.354511, Dated 28.06.2018, drawn on Karnataka Bank Ltd., K.H.Road Branch, Bengaluru in favour of Petitioner No.1(a)/Kumar M Mohit.
(b) Rs.2,00,000/- (Rupees two Lakhs Only), Demand Draft bearing No.191840, dated 28.06.2018, drawn on Karnataka Bank Ltd., Hunsemaranahalli Branch, Bengaluru in favour of Petitioner No.1(b)/Santhosh Kumari.
6. Petitioner No.1(a) and 1(b) have received the same under this compromise 6 petition and in view of the same, they admit that Respondents are their land lords and owners of petition schedule premises upon the death of Petitioner/Mahaveer Chand Jain and further declare that there is no claim against Respondents and that Respondents have also given up all arrears of rents payable by them.
7. It is agreed between the parties that Respondents being the land lords of the schedule premises have agreed to grant time up to 31st July 2018 to the Petitioner No.1(a) and 1(b) to vacate the schedule premises and Petitioners also agreed to vacate the same within the time granted without seeking further more time.
8. That Petitioner No.1(a) and 1(b) under take that they will not induct any other person/s to the schedule premises and shall not damage the schedule premises and shall hand over the same on or before 31.07.2018 with tenable condition and further undertake to withdraw Miscellaneous Petition No.182/2018 filed by them against 7 Respondents pending on the file of the Additional City Civil Judge, Bengaluru (C.C.H.-9)."
3. In terms of the compromise petition, petitioners 1(a) and (b) - the legal representatives of the original tenants have agreed to vacate the petition schedule premises and hand over the physical vacant possession on or before 31.07.2018 and have received a sum of Rs,.1,08,000/- being the advance amount paid by the father of the petitioners to Late V. Ramaiah, grandfather of respondent No.1 by way of following two demand drafts:
"(a) Rs.2,00,000/- (Rupees Two Lakhs only), Demand Draft bearing No.354511, Dated 28.06.2018, drawn on Karnataka Bank Ltd., K.H.Road Branch, Bengaluru in favour of Petitioner No.1(a)/Kumar M Mohit.
(b) Rs.2,00,000/- (Rupees two Lakhs Only), Demand Draft bearing No.191840, dated 28.06.2018, drawn on Karnataka Bank Ltd., Hunsemaranahalli Branch, 8 Bengaluru in favour of Petitioner No.1(b)/Santhosh Kumari."
And they acknowledge the receipt of the same.
4. It is also agreed between the parties that the respondent, being the landlords of schedule premises have agreed to grant time to the petitioners 1(a) and (b) upto 31.07.2018 to vacate the schedule premises. The petitioners also have agreed to vacate the same within time and they have agreed that they will not seek further time. The petitioners have also undertaken that they will not induct any third person into the schedule premises and they shall not damage the schedule premises and they shall hand over the same to the landlords on or before 31.07.2018, with tenable condition. They have also undertaken to withdraw the Misc. Petition No.182/2018 filed by them pending before the Addl. City Civil Judge, Bengaluru (CCH.9). 9
5. On enquiry made by this court, both the parties are present before this court and they voluntarily submit that they have agreed to the said terms and conditions of the compromise petition without any coercion.
6. The compromise petition is admittedly signed by both the parties to the list and their respective counsels.
7. In view of the above, the HRRP is disposed of and as per the terms of compromise petition and directed the petitioners to vacate and hand over the vacant possession to the landlord on or before 31.07.2018 without driving the landlord further. The petitioners shall file an affidavit to that effect within a week. Ordered accordingly.
Sd/-
JUDGE sd