Karnataka High Court
Mr S O Siddique vs Mr S R Shivaprasad on 26 March, 2013
Author: Aravind Kumar
Bench: Aravind Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
Dated the 26th day of March 2013
: B E F O R E:
HON'BLE MR.JUSTICE: ARAVIND KUMAR
REGULAR FIRST APPEAL No. 1685 / 2012
BETWEEN:
Mr. S.O.Siddique,
Muslim, Aged about 53 years,
S/o late Syed Othuman,
No.67, Old Kasai Road, Ragipete,
Bangalore - 560 002.
Partner: Mohiadeeniya Hardwares.
...Appellant
(By Sri A.Feroze Nizam, Advocate. )
A N D:
1. Mr. S.R.Shivaprasad,
S/o late S.R.Ramaiah Setty,
Aged about 57 years, No.59, Upstairs,
Middle School Road, V.V.Pura,
Bangalore - 04.
2. M/s Mohiadeeniya Hardwares,
A partnership business concern,
having its office No.65, Old Kasai Road,
Bangalaore - 560 002, represented
by its partners
a) Sri S.S.Mohiadeen Thamby
b) Sri S.O.Sulaiman Lebba
c) Sri S.O.Najimuden
d) Sri S.O.Bazul Ashab
e) Sri S.O.Siddique
f) Sri V.I.Segu Mohiadeen Mohd. Ali
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Since deceased by his LRs
g) Mrs. Soubhan Ali
h) Mustafa
3. Mr. S.S.Mohiadeen Thamby,
S/o late Syed Othuman,
Muslim, Major, No.67, Old Kasai Road,
Ragipete, Bangalore - 560 002.
4. Mr. S.O. Sulaiman Lebba,
S/o late Syed Othuman, Muslim,
Major, No.67, Old Kasai Road,
Ragipete, Bangalore - 560 002.
5. Mr. S.O. Najimudden,
S/o late Syed Othuman, Muslim,
Major, No.67, Old Kasai Road,
Ragipete, Bangalore - 560 002.
6. Mr. S.O. Bazul Ashab,
S/o late Syed Othuman,
Muslim, Major, No.67, Old Kasai Road,
Ragipete, Bangalore - 560 002.
7. Mr. V.I. Segu Mohiadeen,
S/o late S.S.V.Ibrahim, Aged about
56 years, No.67, Old Kasai Road,
Ragipete, Bangalore - 560 002.
8. Mrs. Soubhan Ali,
W/o late Mohamed Ali, Aged about
48 years, No.67, Old Kasai Road,
Ragipete, Bangalore - 560 002.
9. Mr. Mustafa,
S/o late Mohamed Ali, Aged about
27 years, No.67, Old Kasai Road,
Ragipete, Bangalore - 560 002. ...Respondents
(By Sri V.B.Shivakumar, Advocate for C/R-1. )
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Regular First Appeal filed under Section 96 of CPC
against the judgment and decree dated 4.7.2012 passed in
O.S.No.261/2009 on the file of the III Addl. City Civil &
Sessions Judge, Bangalore, decreeing the suit for
ejectment.
This appeal coming on for orders this day, the court
delivered the following:
JUDGMENT
This appeal is by defendant No.6 questioning the judgment and decree passed by III Addl. City Civil Judge, Bangalore, in O.S.No.261/2009 dated 04.07.2012 whereunder suit filed by respondent No.1-plaintiff for ejectment of appellant from suit schedule property has been decreed with costs.
2. Learned advocates for parties, after arguing the matter for some time, have reported that matter is settled. Learned counsel for appellant has filed affidavit of appellant whereunder appellant admits that there is arrears of rent of `. 5,62,190/- and it would be paid to the 1st Respondent landlord Mr.S.R.Shivaprasad on or before 4 26.5.2013. He is present before court would also agree for the same and consents for receiving the said rent from appellant on or before 26.5.2013 as undertaken.
3. Appellant has also given an undertaking in the affidavit filed today that he would pay monthly rent of `.13,878/- henceforth to respondent No.1-landlord Mr.S.R.Shivaprasad on or before 10th of every month commencing from April 2013 towards damages for use and occupation of suit schedule premises. Appellant has also undertaken to quit, vacate and handover vacant possession of suit schedule premises to respondent No.1 landlord Mr. S.R.Shivaprasad on or before expiry of 18 months from today, i.e., on or before 25.9.2014. Respondent No.1 landlord, who is present, also consents for extending the time for vacating by modifying the judgment and decree passed by trial court, in view of undertaking given by appellant herein.
4. Respondent No.1 has agreed and consented to refund the advance amount of `.5,00,000/- to the appellant on the date of handing over vacant possession of suit 5 schedule premises. Both parties present before court have agreed for the terms referred to in the affidavit of the appellant and they also state that out of their own free will and volition the statements have been made and have agreed to abide by the same. Accordingly, accepting their contentions, affidavit of appellant and submission made by parties are placed on record and in terms of the said affidavit, following judgment is passed:
i). Appeal is hereby allowed in part.
ii). Judgment and decree passed by trial court
insofar as decree for ejectment of defendants are concerned stands affirmed.
iii). Time of six months granted by trial court to defendants to handover vacant possession of suit premises is extended by granting time upto 25.9.2014 subject to appellant paying damages for use and occupation of suit schedule property at the rate of `.13,878/- per month on or before 10th of every month commencing from April 2013 as agreed to in the affidavit. 6
iv) Respondent No.1-plaintiff shall refund the advance amount of `.5,00,000/- to the appellant at the time of vacating and handing over vacant possession of suit schedule premises. Parties are directed to bear their respective costs.
Sd/-
JUDGE ckc/-