Karnataka High Court
Dr Jyothsna Reddy vs Mr Chakravartthy Daniel on 20 November, 2017
Author: B.Veerappa
Bench: B. Veerappa
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF NOVEMBER, 2017
BEFORE
THE HON' BLE MR. JUSTICE B. VEERAPPA
CIVIL REVISION PETITION No.367/2017
BETWEEN:
DR. JYOTHSNAREDDY,
W/O DR. JAYASHEELA C. REDDY,
AGED ABOUT 51 YEARS,
RESIDING AT NO.9, 1ST FLOOR,
MUDDAPPA ROAD,
SEVANAGAR,
BANGALORE 560033.
ALSO AT
SMT. DR. JYOTHSNAREDDY,
W/O DR. JAYASHEELA C. REDDY,
AGED ABOUT 51 YEARS,
M/S MEDILAB SPECIALISTS CENTER,
SHOP PREMISES BEARING NO.10/20B,
1ST FLOOR, BANASWADI MAIN ROAD,
MARUTHI SEVANAGAR POST,
BANGALORE 560033.
... PETITIONER
(BY SRI T. SRINIVASA, ADVOCATE )
AND:
1. MR. CHAKRAVARTTHY DANIEL,
S/O LATE JACOB DANIEL,
AGED ABOUT 67 YEARS,
2. MRS. SULOCHANA C. DANIEL,
W/O MR. CHAKRAVARTHY DANIEL,
AGED ABOUT 66 YEARS,
2
BOTH ARE RESIDING AT NO.223,
3RD FLOOR, YMCA BUILDING,
NSC BOSE ROAD, CHENNAI,
REPRESENTED BY ITS GPA HOLDER,
MR. T. P. DILLIBABU,
S/O LATE PURSHOTHAMAN,
AGED ABOUT 53 YEARS,
RESIDING AT NO.4/4, 7TH CROSS,
MUNIYELLAPPA GARDEN,
DODDIGUNTA, COX TOWN,
BANGALORE 560005.
... RESPONDENTS
(BY SRI USMAN ALI KHAN, ADVOCATE FOR C/R1 & R2)
......
THIS CRP IS FILED UNDER SECTION 18 OF KARNATAKA
SMALL CAUSE COURTS ACT 1964, AGAINST THE JUDGMENT
DATED 21.07.2017 PASSED IN SC.NO.1718/2016 ON THE FILE
OF THE X ADDITIONAL JUDGE, COURT OF SMALL CAUSES
BENGALURU, PARTLY DECREEING THE SUIT FOR EVICTION.
THIS CRP COMING ON FOR ADMISSION THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
The present Civil Revision Petition is filed by the defendant against the order dated 21.07.2017 made in S.C.No.1718/2016 on the file of the X Addl. Judge, Court of Small Causes, Bengaluru, partly decreeing the suit, directing the defendant to vacate and hand over the vacant possession of the plaint 3 schedule property to the plaintiffs within two months from the date of the order, failing which the plaintiffs were at liberty to get the possession through the process of the Court. Defendant was also directed the pay a sum of `20,000/- to the plaintiff towards damages from the date of suit till the date of handing over of possession.
2. When the matter came up for admission on 15.11.2017, after arguing the matter for some time, Sri Brijesh Singh, learned counsel for the petitioner submitted that if reasonable time of four months is granted to the petitioner/tenant to vacate and hand over the vacant possession, the advance amount of `80,000/- paid can be adjusted towards four months rent i.e., `20,000/-p.m. at the rate awarded by the Trial Court. The same was accepted by Sri Usman Ali Khan, learned counsel for the caveator/ 4 respondents No.1 and 2/landlord. Therefore, parties were directed to file a joint compromise petition.
3. Accordingly, the parties have filed joint memo dated 20.11.2017, which reads as under:
"In terms of the Joint Affidavit filed by the petitioner and respondent herewith settled the above said matter and respondent herewith agreed to extend the time to petitioner to vacate the schedule premises till 31.03.2018 and he further agreed that he will not claim any kind of cost, damages, miscellaneous expenses and rent arrears till 31.03.2018 as ordered in S.C. No.1718/2016 in respect of the schedule property. In turn the petitioner herewith agreed to vacate and handover the vacant possession of the schedule premises to the respondent on 31.03.2018 without seeking further extension of time under any circumstances and further agreed that she will not claim the security 5 deposit of Rs.80,000/- as it is forfeited and the same is adjusted to cost, damages, miscellaneous expenses and rent arrears till 31.03.2018."
4. The Joint Memo is taken on record.
5. The Civil Revision Petition is disposed of granting time to the petitioner to vacate and hand over the vacant possession of the schedule premises, on or before 31.03.2018, after adjusting security deposit of `80,000/- towards cost, damages, miscellaneous expenses and rent arrears till 31.03.2018.
6. The Registry is directed to refund the court fee, in terms of the provisions of the Karnataka Court Fee and Suits Valuation Act.
Sd/-
JUDGE kcm