Karnataka High Court
Mrs Rita Thomas vs Smt K Bhuvaneshwari on 9 February, 2017
Author: B.Veerappa
Bench: B. Veerappa
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF FEBRUARY, 2017
BEFORE
THE HON' BLE MR. JUSTICE B. VEERAPPA
REGULAR FIRST APPEAL No.1791/2016 ( RES)
BETWEEN:
MRS. RITA THOMAS,
EXECUTIVE SECRETARY,
NEED TRUST (NEAR
BHARATH PETROL BUNK),
R/A NEW NO. 48, OLD
NO. 252, BHOOPALAM, 4TH CROSS,
SRI MANJUNATH NAGAR,
KALKERE MAIN ROAD,
HORAMAVU, BENGALURU - 560 048.
... APPELLANT
(BY SMT. LAKSHMY IYENGAR, ADVOCATE)
AND:
SMT. K. BHUVANESHWARI,
W/O DR. S. KAPALI,
AGED 60 YEARS,
R/A NEW NO. 48, OLD NO. 252,
BHOOPALAM, 4TH CROSS,
SRI MANJUNATH NAGAR, KALKERE MAIN ROAD,
HORAMAVU, BENGALURU - 560 048.
... RESPONDENT
(BY SRI N. B. NIJALINGAPPA, ADVOCATE FOR C/R
[CP NO.1021/2016])
......
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED
29.08.2016 PASSED IN OS NO.8143/2013 ON THE FILE OF THE
XL ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU (CCH 41), DECREEING THE SUIT FOR
POSSESSION.
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THIS REGULAR FIRST APPEAL COMING ON FOR
ADMISSION THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
This is defendant/tenant's Regular First Appeal against the judgment and decree dated 29th August 2016 made in O.S.No.8143/2013 on the file of the XL Addl. City Civil and Sessions Judge, Bengaluru, decreeing the suit of the plaintiff/landlord directing the defendant/tenant to vacate and deliver the vacant possession of the schedule premises to the plaintiff within three months from the date of the order and directed to pay arrears of rent at `7,500/- per month from May 2012 till October 2013 and `7,500/- per month towards damages from the date of suit with enhanced rate of rent at 10% on every completion of 12 months till this day be deducting securing deposit of `3 lakhs failing which the plaintiff is at liberty to take vacant possession of the schedule premises and recover 3 the said amount from the defendant in accordance with law.
2. When the matter was posted on 08.02.2017 for admission, after arguing the matter at length, learned counsel for the appellant/defendant, Smt.Lakshmy Iyengar, fairly submitted that the appellant will vacate and hand over the vacant possession of the schedule premises to the landlord on or before 31st March 2018 without driving the landlord for further proceedings and will pay rents upto date. Therefore, the matter is posted today.
3. Today, learned counsel for the parties to the lis filed joint memo duly signed by both the parties and their respective counsel, which reads as under:
Joint Memo
1. The Appellant and the Respondent submit that they have arrived at a final settlement. The Appellant has made a 4 payment of Rs.2,00,000.00 towards the outstanding Rent due to the Respondent from May 2012 to January 2017 vide order dated 29.08.2016 of the XL Additional City Civil & Sessions Judge (CCH-41) at Bengaluru in O.S. No.8143/2013.
2. The Said payment is made in favour of the Respondent, Smt. K. Bhuvaneshwari, by way of a Demand Draft No.444924 dated 08.02.2017 drawn on Canara Bank for Rs.2,00,000.00 (Rupees Two Lakh only). The Respondent herewith acknowledges receipt of the said payment.
3. The Appellant undertakes to pay a monthly rent of Rs.9982.50 from 01.02.2017 to 31.10.2017 and an amount of Rs.10,980.75 from 01.11.2017 to 31.03.2018.
The Appellant undertakes to vacate the premises on or before 31.03.2018.
4. The Respondent undertakes to withdraw the Execution Petition No.3447/2016 pending before XL Additional City Civil & Sessions Judge (CCH-41) at 5 Bengaluru. Both parties shall not have any further claim against each other and there shall be no further litigation on the same cause of action.
5. Both parties herein accept the terms and conditions of this Joint Memo and in view of the same, this appeal maybe disposed of accordingly.
This Memo may be kindly recorded in the interest of Justice and equity.
4. Both the parties are present before the Court. On enquiry by the Court, both the parties submit that they have filed the joint memo voluntarily without any force or coercion from anybody.
5. The tenant/appellant shall vacate and hand over the vacant possession of the schedule premises to the respondent landlord on or before 31st March 2018 without driving the landlord for further litigation. The appellant shall not sub-let the premises in favour of any 6 other person and maintain the premises as on today, till it is vacated.
6. The appellant shall pay the rents without any default. If any default is committed consecutively for two months, it is always open for the landlord to file execution to take possession in accordance with law. The appellant shall file an undertaking to that effect within two weeks.
7. The Court appreciates the sincere efforts made by learned counsel for the parties in resolving the dispute amicably keeping in view the interest of 30 orphan students. This Court also appreciates the gracious attitude of the landlady in resolving the dispute amicably.
8. Regular First Appeal is disposed of in terms of the joint memo. The office is directed to draw decree accordingly.
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9. In view of the compromise between the parties by filing a joint memo, the office is directed to refund the Court fee paid to the appellant in terms of Section 66 of the Karnataka Court Fee and suit Valuation Act.
Sd/-
JUDGE kcm