Sri.Ayub Pasha vs Sri.Rahman Shariff on 27 November, 2020

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Karnataka High Court

Sri.Ayub Pasha vs Sri.Rahman Shariff on 27 November, 2020

Bench: B. M. Shyam Prasad

        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 27TH DAY OF NOVEMBER 2020

                          BEFORE

         THE HON'BLE MR. JUSTICE B. M. SHYAM PRASAD

            CIVIL REVISION PETITION NO. 154/2020

BETWEEN :

SRI. AYUB PASHA
AGED ABOUT 49 YEARS
SON OF LATE SRI. MOHD GHOUSE
PREMISES BEARING NO.6
BUILT IN PROPERTY BEARING NO.1,
PILLANNA GARDEN II STAGE
BENGALURU - 560 0045.
                                           ... PETITIONER
(By SRI. C. SHANKAR REDDY, ADVOCATE)

AND :

SRI. RAHMAN SHARIFF
AGED ABOUT 69 YEARS
S/O. LATE SRI. ABDULLA SHARIFF
RESIDING AT NO.T.P. 845,
NAGAWARA MAIN ROAD
BILLAL NAGAR
BENGALURU - 560 045
                                          ... RESPONDENT
(SRI. M.D. RAGHUNATH., ADVOCATE C/R)

    THIS CRP IS FILED UNDER SEC.18 OF KARNATAKA SMALL
CAUSES COURT ACT, 1964, AGAINST THE JUDGMENT AND
DECREE DATED11.11.2019 PASSED IN S.C. NO.15289/2018 ON
THE FILE OF THE XVII ADDL. JUDGE, COURT OF SMALL
CAUSES AND ADDL. CHIEF METROPOLITAN MAGISTRATE,
                               2



MAYO HALL UNIT, BENGALURU (SCCH-21), PARTLY DECREEING
THE EJECTMENT, ARREARS OF RENT AND RECOVERY.

    THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:


                         ORDER

This petition is filed impugning the Judgment and decree dated 11.11.2019 in S.C. No.15289/2018 on the file of the XVII Additional Judge, Court of Small Causes & Additional Chief Metropolitan Magistrate, Mayo Hall Unit, Bengaluru, whereby the petitioner is directed to quit and handover the vacant possession of the subject premises to the respondent within thirty days while also holding that the respondent would be entitled to arrears of rent in a sum of Rs.8,000/- and for mesne profits at Rs.20,000/- per month from 15.08.2018.

2. The petitioner and the respondent who appear before this Court through video conference, have filed 3 compromise petition. They are identified by the respective Counsels. The terms of the compromise read as follows:

"1. The petitioner withdraws all the contentions raised in the Revision Petition as well as Written Statement filed before the Court below.

2. The petitioner consents for the decree of ejectment, however, he prays time upto 30.06.2021 to quit, vacate and deliver the vacant possession.

3. The petitioner undertakes that he shall pay consolidated mesne profits @ Rs.25,000/- per month from 1.1.2020 upto 30.09.2020 in respect of premises in question and premises involved in CRP No.113/2020 and CRP No.118/2020 and this day, the Petitioner tendered a DD for Rs.2,00,000/- to the Respondent herein and the Respondent has acknowledged the same.

4. The Petitioner further undertakes that he shall pay a consolidated mesne profits of Rs.27,000/- per month in respect of the schedule premises and the premises involved in CRP 113/2020 and CRP 118/2020 from 01.10.2020 to 30.06.2021, without committing any default.

5. The Petitioner undertakes in the event he commits default in the matter of aforesaid payment, either in full or in part, consequently for 2 months the Petitioner is not entitled for benefit of time and he shall voluntarily surrender possession of schedule property forthwith.

6. The Petitioner undertakes that he shall not seek any extension of time, and he shall voluntarily surrender the vacant possession to the Respondent herein without driving the Respondent in prosecuting the Execution."

3. It is also stated by the parties and their respective learned Counsels that the petitioner has tendered a sum of Rs.2,00,000/- by way of demand draft [copy of which is enclosed to the compromise petition] and that the respondent has encashed the same.

4. As the parties have fully and finally settled the dispute inter se in terms of the compromise, the petition is allowed in part, modifying the Judgment and decree dated 11.11.2019 in S.C. No.15289/2018 on the file of the XVII Additional Judge, Court of Small Causes & Additional Chief Metropolitan Magistrate, Mayo Hall Unit, Bengaluru. The Office is directed to draw the decree accordingly.

SD/-

JUDGE AN/-

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