Karnataka High Court
M/S. Infant Advertising Pvt. Ltd. vs Sri N. Armugham on 31 October, 2013
Author: Aravind Kumar
Bench: Aravind Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 31ST DAY OF OCTOBER, 2013
BEFORE
THE HON'BLE MR.JUSTICE ARAVIND KUMAR
CIVIL REVISION PETITION NO. 449/2013
BETWEEN:
M/s Infant Advertising Pvt. Ltd.,
#S-703, 7th Floor,
Manipal Centre
Dickenson Road
Bangalore-42
Represented by its
Managing Director ... Petitioner
(By Sri. Vishwajith Shetty S, Advocate)
AND:
1. Sri. N. Armugham
S/o late A.Neelakantan
Major, residing at No.475,
10th Main, HAL 3rd stage
Bangalore-560 038
2. Mr.N.Mohan
S/o A. Neelakantan
Major, no. 244, II Cross
Cambridge layout
Halasur
Bangalore-560 008.
3. Kum. C.Vasantha
D/o A. Neelakantan
2
Major, no. 278, II Cross
Cambridge layout
Halasur
Bangalore-560 008. .....Respondents
(By Sri.R.Narendra, Advocate)
This petition is filed under Section 18 of Small
Causes Courts Act, against the judgment and decree
dated 18.09.2013 passed in S.C.No.322/2013 on the
file of the VIII Addl. SCJ & XXXIII ACMM, Bangalore
decreeing the suit for possession and damage/mesne
profit.
This petition coming on for Admission this day,
the Court made the following:
ORDER
This revision is directed against the judgment and decree passed by Court of Small Causes, Bangalore dated 18.09.2013 in S.C.No.322/2013 whereunder the suit for ejectment has been decreed with costs.
2. Learned Advocate appearing for the parties have filed compromise petition under Order 23 Rule 3 CPC stating that parties have settled their dispute as per the terms stated in the compromise petition 4(a) to 4(j) which reads as under:
3"(a) The lease which expired on 08.01.2013 is renewed further to remain valid and in force upto 30.06.2014 only.
It is hereby agreed and understood between the parties that the lease shall not be extended beyond 30.06.2014 under any circumstances whatsoever. Upon the expiry of the said period the appellant shall vacate and deliver back to the respondents vacant possession of the schedule premises.
(c) The total rent payable in advance for the period ending 30.06.2014 as aforesaid will be Rs.60,000/- (Rupees sixty thousand only) and is paid in advance on the date of this compromise to the respondents herein equally as follows:
(i) Sri N.ARUMUGAM - Rs.22,000/-
(twenty two thousand only) By cheque No.238908 dated 31.10.2013.
(ii) Sri N.MOHAN - Rs.19,000/-
(Nineteen thousand
only)
By cheque No.238909
dated 31.10.2013.
(iii) Smt.C VASANTHA - Rs. 19,000/-
4
(Nineteen thousand
only)
By cheque No.238910
dated 31.10.2013.
All the above cheques are drawn on the Bank of India, Bangalore Main Branch, Bangalore.
(d) The appellant has agreed to pay and tenders herewith separately this day in favour of the respondent No.1 a sum of Rs.10,000/- (Rupees ten thousand only) by a Cheque bearing No.238911 dated 31.10.2013 drawn on the Bank of India, Bangalore Main Branch, Bangalore, towards such expenses including the costs incurred and awarded by the Court below in O.S.No.322/2013 in a sum of Rs.8,348/- as per the said Decree dated 18.09.2013.
(e) The receipt of the payment of the aforesaid sums aggregating to Rs.70,000/- (Rupees seventy thousand only) is hereby accepted and acknowledged by the respondents.
(f) The respondents hereby agree and undertake to restore forthwith the electrical supply for the appellant's use in respect of the aforesaid hoarding on the schedule premises by addressing a suitable letter to the authorities concerned.
5(g) The respondents during the subsistence of the aforesaid lease arrangement valid upto 30.06.2014 will not interfere with the existing hoarding already erected by the appellant and will permit the appellant through their duly authorised staff to enter the building on which the said hoarding is erected for the purpose of maintenance work during reasonable hours of the day.
Further, the appellant undertakes not to erect any other hoarding on the schedule premises.
(h) The appellant undertakes not to transfer its lease rights in any manner to any third party and shall however deliver back the schedule premises on its expiry, that is, on 30.06.2014 in keeping with the spirit of this compromise. The appellant is filing separately an affidavit of undertaking to comply with the terms of this compromise petition.
(i) On the expiry of the lease period on 30.06.2014 the appellant undertakes to remove at its cost all the hoarding structures put up on the schedule premises without damaging the schedule premises and which shall be within a period of 15 (fifteen) days from the date of expiry of the lease period on 30.06.2014. if the appellant fails to remove the said hoarding structures the respondents will be at liberty to remove the same but only at the cost of the appellant and claim reimbursement from the appellant and the appellant in 6 such an event agrees to make such payment.
(j) The appellant undertakes to withdraw unconditionally the suit filed against the respondents herein and which is pending in O.S.No.286/2013 in the Court of the City Civil Judge at Bangalore (CH No.7) on the next date of hearing."
3. Authorized representative of the petitioner who had been examined as D.W.1 before trial Court is present before this Court. He admits execution of the compromise petition and its contents thereof. He states that Managing Director of the Revision petitioner-
company has affixed his signature to the compromise petition. D.W.1 has identified signature of the Managing Director of the revision petitioner-company.
Respondents/plaintiffs are present before the Court.
They admit execution of the compromise petition. They state that having understood contents of terms contained therein, out of their own free will, volition and without any threat or coercion they have affixed their 7 signature. In that view of the matter compromise petition is accepted.
4. In that view of the matter, judgment and decree passed by the trial Court dated 18.09.2013 passed in S.C.No.322/2013 stands modified in terms of the compromise petition. Affidavit of undertaking filed by the petitioner/defendant is placed on record whereunder it is agreed to by the tenant to hand over vacant possession of the petition schedule premises on or before 30.06.2014 to the respondents. Revision petition stands disposed of.
In view of the revision petition having been disposed of, I.A.I/2013 does not survive for consideration and accordingly it is hereby dismissed.
Sd/-
JUDGE *sp