Karnataka High Court
M/S Bhanashankari Super Bazar vs Smt T N Shoba Rani on 17 June, 2016
Bench: N.Kumar, S.Sujatha
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF JUNE, 2016
PRESENT
THE HON'BLE MR.JUSTICE N. KUMAR
AND
THE HON'BLE MRS.JUSTICE S.SUJATHA
RFA NO.309/2016 [RES]
BETWEEN:
M/S. BHANASHANKARI SUPER BAZAR
REGISTERED PARTNERSHIP FIRM
AT NO.2476, 17TH MAIN,
25TH CROSS, BANASHANKARI II STAGE
BANGALORE-560 070.
REP BY ITS PARTNERS:
SRI D.R. SHIVARAM & SMT. D.S. SUJATHA
1. SRI. D.R. SHIVARAM
AGED ABOUT 57 YEARS
S/O SRI. D.S.RAMA SHETTY
R/AT NO.2476, 17TH MAIN,
25TH CROSS, BANASHANKARI II STAGE
BANGALORE-560070.
2. SMT D.S. SUJATHA
AGED ABOUT 55 YEARS
W/O SRI D.R. SHIVARAM
R/AT NO.2476, 17TH MAIN
25TH CROSS, BANASHANKARI II STAGE
BANGALORE-560070. ... APPELLANT
(BY SRI. KESHAVA KUMAR .B, ADV)
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AND:
SMT. T.N. SHOBA RANI
AGED ABOUT 48 YEARS
W/O SRI. T NEERAJAKSHULU
R/AT 679, 1ST C MAIN
III CROSS, K.G. LAYOUT,
BSK III STAGE
BANGALORE-560085. ... RESPONDENT
(BY SRI. B. PRAMOD-ADV FOR C/R)
THIS RFA IS FILED UNDER SECTION 96 AND ORDER
41 RULE 1 OF THE CPC, AGAINST THE JUDGMENT AND
DECREE DATED:19.12.2015 PASSED IN OS NO.1980/2013
ON THE FILE OF THE XL ADDL. CITY CIVIL AND SESSIONS
JUDGE, BENGALURU, DECREEING THE SUIT FOR
EJECTMENT AND DAMAGES.
THIS APPEAL COMING ON FOR ADMISSION,
THIS DAY, N. KUMAR, J., DELIVERED THE
FOLLOWING:
JUDGMENT
This appeal is preferred by the defendant in the Trial Court who is tenant of the schedule property under two landlords. As both the landlords have filed two separate suits, two separate orders came to be passed, directing eviction and also decreeing the suit for arrears of rent.
32. In this appeal, the parties have filed compromise petition under Order 23 Rule 3 CPC. The terms of the compromise petition read as under:
'1. The appellant has handed over the vacant possession of the first floor of the suit schedule property to the respondent on this day along with keys.
2. The appellant shall handover vacant possession of the ground floor of the suit schedule property on or before 31.07.2016.
The appellant shall remove all their hoardings and sign board and their belongings voluntarily by themselves and handover the vacant possession in good and tenantable condition. The appellant shall handover the ground floor of the suit schedule property without causing any damages to premises, except normal wear and tear. If there are any damages, the appellant has agreed to restore the damages or pay the cost of the damages to the respondent. If the appellant fails to hand over the ground floor within stipulated above, 4 then the appellants shall pay an amount of Rs.50,000/- (Rupees Fifty Thousand Only) per month towards damages till handing over of possession or till recovery of possession through process of court.
3. The appellant has agreed to pay a totally a sum of Rs.10,75,000/- ( Rupees Ten Lakhs Seventy Five Thousand Only) being towards arrears of rent and damages from 01.01.2013 to till 31.07.2016 and the respondent has agreed for the same. Out of the said the appellant has already paid a sum of Rs.4,27,500/- (Rupees Four Lakhs Twenty Seven Thousand Five Hundred Only) and Rs.51,500/- (Rupees Fifty One Thousand Five Hundred Only) is remitted towards TDS to the Income Tax Department. The appellant had paid refundable security deposit of Rs.4,00,000/- (Rupees Four Lakhs Only) to the respondent and the said amount of Rs.4,00,000/- (Rupees Four Lakhs Only) is adjusted towards arrears of the rent/damages. The appellant shall not claim the refundable security deposit.
54. The appellant has agreed to pay remaining balance amount of Rs.1,96,000/- (Rupees One Lakh Ninety Six Thousand Only) in the following manner:-
a. Rs.1,76,400/- (Rupees One Lakh Seventy Six Thousand Four Hundred Only) is paid by way of Cheque bearing No.004097 dated:25.07.2016, drawn at Kotak Mahindra Bank, Bangalore, in favour of Smt. T.N. Shoba Rani, the Respondent herein.
b. Rs.96,600/- (Rupees Ninety Six Thousand Six Hundred Only) shall be remittable by the appellants towards TDS to the Income Tax Department on or before 25th July 2016 and provide necessary TDS certificate to the Respondent.
6If the cheque mentioned above is not honoured, then the appellant is liable to pay interest at the rate of 18% p.a. till the payment of above said amount. If the appellant fail to remit the TDS within stipulated time as agreed above all the penalties, interest leviable by the Income Tax Department shall be payable by the appellant.
5. The appellant failed to comply with the terms of this compromise petition, the Respondent is entitled to execute the terms by filing execution petition.
6. The above payment shall be towards full and final settlement of arrears of rents till end of July 2016 and the parties shall have no claim over each other.
7. The appellant shall not sub-let, sub- lease or part with possession of the ground floor of the suit schedule property.' 7
3. In terms of the compromise, it is clear that the tenant has already vacated first floor portion agreeing to deliver possession of the ground floor within the time stipulated therein and has also paid substantial portion of arrears of rent. The advance amount paid is adjusted towards balance arrears and remaining balance is agreed to be paid within the period stipulated in the compromise petition. All the parties are present before the Court. They admit due execution of the compromise petition. Compromise petition is also signed by the respective Counsel. We have gone through the terms of the compromise. It is lawful. In that view of the matter, we pass the following:
ORDER [i] The appeal is disposed of in terms of the compromise petition.8
[ii] As the appeal is disposed of even before hearing, the Registry is directed to refund half the institution fee paid on the memorandum of appeal to the appellant.
Sd/-
JUDGE Sd/-
JUDGE AN/-