Karnataka High Court
Sri M Gowtham Chand vs Sri. Vittoba (Panduranga) Temple Trust on 10 December, 2018
Author: Alok Aradhe
Bench: Alok Aradhe
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF DECEMBER 2018
BEFORE
THE HON'BLE MR.JUSTICE ALOK ARADHE
C.R.P.No. 226 OF 2018
BETWEEN:
Sri. M. Gowtham Chand
S/o D.A. Mothilal
Aged about 64 years
Shop No.1, 1st floor
No.44, Mallikarjuna Temple Street
B.V.K. Iyengar Road cross
Bangalore-560053.
And also residing at
No.43 Kilari road
Avenue road cross
Bangalore-560053. ... Petitioner
(By Sri. Nataraj R, Advocate)
AND:
Sri. Vittoba (Panduranga) Temple Trust
Mallikarjuna Temple Street
B.V.K. Iyengar Road cross
Represented by its Chairman
Sri. K. Anantha, Major. ...Respondent
(By Sri. K. Srinivasa, Advocate)
This civil revision petition is filed under Section 18 of
the Karnataka Small Cause Courts Act 1964, against the
judgment and decree dated:27.01.2018 passed in
S.C.No.1035/2017 on the file of the VII Addl. Judge and
XXXII ACMM, Bengaluru partly decreeing suit for eviction.
2
This civil revision petition, coming on for admission,
this day, the Court made the following:
ORDER
Heard Mr.Nataraj R., learned counsel for the petitioner and Mr.K.Srinivasa, learned counsel for the respondent.
The petition is admitted for hearing. With the consent of learned Counsel for the petitioner, the matter is heard finally.
2. In this revision petition under Section 18 of the Karnataka Small Cause Courts Act, 1964 the petitioner has assailed the order dated 27.01.2018 passed by the trial Court by which decree of eviction has been passed against the petitioner.
3. When the matter was taken up for hearing, learned counsel for the petitioner submitted that the petitioner is ready and willing to vacate the premises if some suitable time is granted to him to vacate the premises. Learned counsel for the petitioner also undertakes to clear all the arrears of rent and continue to deposit the rent for the period for which accommodation in question remains in his possession. 3
4. Learned counsel for the respondent submits that the petitioner is in arrears of rent and he should be directed to clear the arrears of rent and to furnish an undertaking before the trial Court for vacation of the premises.
5. In view of the aforesaid submissions and as agreed to by them, this revision petition is disposed of subject to following conditions:
(i) The petitioner shall furnish an undertaking before the trial Court within a period of three weeks from today that he shall vacate the premises in his occupation on or before 30th November 2019 in a peaceful manner to the respondent.
(ii) In addition, the petitioner shall clear all the arrears of rent within a period of one month from today and shall continue to deposit the monthly rent which is due and payable by the petitioner to the respondent on or before 10th of every month. The aforesaid amount of rent shall be deposited before the trial Court. 4
(iii) In addition, the petitioner shall also furnish an undertaking before the trial Court that he shall not create any third party interest in respect of the suit property and shall handover the possession on expiry of the time mentioned herein i.e, on or before 30th November 2019 to the respondent in a peaceful manner.
To the aforesaid extent the judgment passed by the trial Court is modified.
Accordingly, the revision petition is disposed of.
Sd/-
JUDGE Cm/-