Karnataka High Court
Smt Dropadi Devi vs Sri Shanthilal on 4 April, 2013
Author: Aravind Kumar
Bench: Aravind Kumar
1
IN THE HIGH COURT OF KARNATAKA, BANGALORE
DATED THIS ON THE 04TH DAY OF APRIL, 2013
BEFORE
THE HON'BLE MR. JUSTICE ARAVIND KUMAR
RFA.NO.263 OF 2013 (RES)
BETWEEN :
-------------
SMT.DROPADI DEVI
W/O.SRI PUKH RAJ.B
AGED ABOUT 44 YEARS
R/AT. NO.19/1, 4TH FLOOR
HANUMANTHAIAH LANE
B.V.K.IYENGAR ROAD CROSS
BANGALORE - 560 053
M/S.NAVADURGA PLASTICS
REPRESENTED BY ITS
PROPRIETRIX
SMT.DROPADI DEVI
SHOP NO.54/2
GROUND FLOOR
OLD THARAGUPET
BANGALORE - 560 002
... APPELLANT
(BY SRI MOHANDAS SHETTY, ADV.)
AND :
------
SRI SHANTHILAL
S/O.SRI DHARAMCHANDJI
AGED ABOUT 51 YEARS
M/S.MUTHA TRADING CO.
NO.104, J.B.R.PLAZA
MAMULPET
BANGALORE - 560 053
.....RESPONDENT
(BY SRI H.J.SANGHVI, ADV. FOR C/R.)
2
THIS RFA FILED U/S 96 CPC AGAINST THE
JUDGEMENT AND DECREE DATED: 24.11.2012
PASSED IN O.S.NO.1508/2009 ON THE FILE OF THE
XIV ADDITIONAL CITY CIVIL JUDGE, BANGALORE,
PARTLY DECREEING THE SUIT FOR EJECTMENTAND
ETC.
THIS APPEAL COMING ON FOR ADMISSION THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is by the unsuccessful defendant questioning the correctness and legality of the judgment and decree passed by the XIV Additional City Civil Judge, Bangalore, in O.S.No.1508/2009 dated 24.11.2012, whereunder, suit of the plaintiff for ejectment of defendant from suit schedule property has been decreed directing the appellant / defendant to handover vacant possession of suit schedule property to respondent plaintiff within three months from the date of decree and has as also directed the appellant to pay enhanced rent at the rate of Rs.12,075/- with effect from 01.10.2006.
2. Learned Advocates after arguing the matter for sometime, agreed to settle the matter and thereafter, 3 appellant has filed an affidavit of undertaking and a memo of even date whereunder, the appellant has agreed to quit and handover vacant possession of suit schedule property to respondent within one and half years from today i.e., on or before 04.10.2014. Appellant / defendant has also undertaken to pay rent at the rate of Rs.12,075/- p.m., as ordered by the trial court and also has sought for refund of advance amount of Rs.10,00,000/- said to have been given by appellant to the original landlord which, respondent / plaintiff has also agreed to repay since he has purchased the suit schedule property.
3. Defendant has also undertaken that out of the arrears of rent (towards enhancement) as decreed by the trail Court, a sum of Rs.1,22,815/- would be the amount payable and as part payment a sum of Rs.22,850/- is being paid through cheque bearing No.937983 drawn on Punjab National Bank, Chickpet Branch, Bangalore, dated 04.04.2013. 4
4. Though learned Counsel for respondent - plaintiff acknowledged receipt of the said cheque, it is agreed between parties that cheque amount has been erroneously written as Rs.28,850/- instead of Rs.22,850/- and it is submitted by learned Counsel appearing for appellant that fresh cheque for Rs.22,850/- would be issued today itself and will be handed over to learned Counsel appearing for respondent / plaintiff and learned Counsel for respondent / plaintiff has no objection for the same. Hence, their submissions are placed on record.
5. Learned Counsel for the appellant in the affidavit of undertaking has also sought for liberty to recover balance amount of Rs.20,00,000/- which was said to have been paid by appellant / defendant in favour of original landlord B.M.Ali, who was the erstwhile owner of suit schedule property.
6. In view of affidavit of undertaking given by the appellant and learned Counsel for respondent / plaintiff 5 having no objection for granting time and also agreeing to refund advance amount of Rs.9,00,000/- after deducting Rs.1,00,000/- (towards arrears of rent), the following order is passed:-
a. Appeal is hereby allowed in-part.
b. Judgment and decree passed in O.S.No.1508/2009 by the XIV Additional City Civil Judge, Bangalore, dated 24.11.2012, is hereby modified and it is ordered that appellant defendant shall quit, vacate and deliver vacant possession of suit schedule premises on or before 04.10.2014, to respondent / plaintiff without driving him for filing Execution Petition.
c. Respondent / plaintiff shall refund a sum of Rs.9,00,000/- to appellant defendant at the time of handing over vacant possession of suit schedule property as agreed to by the respondent / plaintiff, who is present before Court.
d. Respondent / plaintiff would be at liberty to initiate proceedings in accordance with law and no opinion is expressed with regard to the claim of appellant in this regard and all contentions of the parties in this regard are left open.6
e. Appellant / defendant shall continue to pay the rent of suit schedule property at Rs.12,075/- to respondent / plaintiff with effect from 01.04.2013 as decreed by the trial Court and continue to pay the same regularly and promptly till handing over of the vacant possession of suit schedule premises to which, respondent / plaintiff shall issue due receipt.
f. In view of settlement having been arrived at between parties, at the instance of this Court, appellant would be entitled for refund of full Court fee.
g. Registry to issue cheque in favour of appellant on proper identification.
h. Parties to bear their costs.
In view of appeal having been disposed by recording Affidavit of Undertaking filed by appellant, I.A.No.1/2013 does not survive for consideration and hence, same is rejected.
Sd/-
JUDGE nvj