Karnataka High Court
Sri Haji C K Abdul Rehman vs Sri Y Narasimaiah on 21 June, 2013
Author: H.G.Ramesh
Bench: H.G.Ramesh
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C.R.P.No.189/2013
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 21ST DAY OF JUNE 2013
BEFORE
THE HON'BLE MR. JUSTICE H.G.RAMESH
C.R.P.No.189/2013
BETWEEN :
SRI HAJI C K ABDUL REHMAN
S/O LATE SRI HAJI KUNCHI POKER, 74 YEARS,
PARTNER, TIP TOP PLASTIC INDUSTRIES
NO.89, 90, KILARI ROAD,
BANGALORE-560053. ...PETITIONER
( By Sri. R B SADASIVAPPA, ADV. )
AND :
1 SRI Y NARASIMAIAH
S/O LATE SRI YERAPPA, 68 YEARS,
R/A NO.71, 7TH CROSS,
MALLESWARAM,
BANGALORE 560003.
2 SRI N RAMACHANDRA
S/O SRI.Y.NARASIMAIAH,
47 YEARS,
R/A NO.71, 7TH CROSS,
MALLESWARAM,
BANGALORE-560003. ...RESPONDENTS
( By Sri. A N KRISHNASWAMY, ADV. FOR C/R )
THIS CRP IS FILED U/SEC.18 OF KARNATAKA SMALL CAUSES
COURT ACT, AGAINST THE JUDGMENT AND DECREE
DATED:02.04.2013 PASSED IN S.C.2263/2011 ON THE FILE OF XI-
ADDITIONAL JUDGE, MACT, BANGALORE, DECREEING THE SUIT
FOR EJECTMENT.
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C.R.P.No.189/2013
THIS REVISION PETITION COMING ON FOR ADMISSION THIS
DAY,THE COURT MADE THE FOLLOWING:
ORDER
This revision by the defendant/tenant is directed against the judgment and decree dated 2 nd April 2013 passed in the suit in S.C.No.2263/2011. By the impugned judgment, the trial court has directed the petitioner herein to vacate and deliver vacant possession of the suit schedule premises within two months.
2. Learned Counsel on both sides submit that the parties have arrived at a settlement in the matter and accordingly, they have filed a compromise petition in court today. The petitioner and respondent Nos.1 and 2 are present in court and they have been identified by their respective counsel. On being asked by the court, they submitted that they have understood the terms of the compromise petition and have voluntarily signed the -3- C.R.P.No.189/2013 compromise petition. Learned Counsel on both sides submit that the revision petition may be disposed of in terms of the compromise petition.
3. The compromise petition reads as follows:
"COMPROMISE PETITION UNDER ORDER 23, RULE 2 READ WITH SECTION 151 OF CODE OF CIVIL PROCEDURE The parties to the above petition submit as follows:
The parties to the above petition submit that the matter in dispute in the above petition is amicably settled between the parties with the intervention of this Hon'ble Court and common friends, in the following manners:
1. The petitioner confirms that he is in physical possession of entire suit schedule premises consisting of cellar, ground floor and two upper floors, situated at No.89 and No.90, Kilari Road, Bangalore-560 053 and agree that he would quit, vacate and hand over vacant possession of entire building in favour of respondents on or before 31.12.2015.-4- C.R.P.No.189/2013
2. The petitioner hereby agree and undertake that he would not seek extension of time to vacate the suit schedule premises on any pretext and shall not drive the respondents to initiate execution proceedings to recover possession of the suit schedule premises.
3. The petitioner undertakes to pay damages @ Rs.55,000/- (Rupees fifty five thousand only) per month to the respondents on or before 10 th day of each calendar month and such payment shall be paid commencing from the 1st day of July 2013. (one seven two thousand thirteen);
4. The petitioner had not paid damages to the respondents and parties have mutually agreed that the petitioner shall pay a sum of Rs.5,00,000/- (Rupees five lakhs only) to the respondents in full and final settlement of all arrears from the date of termination of tenancy up to 30.6.2013. The petitioner this day has paid a sum of Rs.5,00,000/- (Rupees five lakhs only) to the respondents (cheque drawn in favour of the 1st respondent) as detailed below.
Out of four cheques, two cheques are postdated -5- C.R.P.No.189/2013 cheques.
(a) Cheque bearing No.655717 dated 13.6.2013 for Rs.1,50,000/- (Rupees One Lakh and fifty thousand only) drawn on State Bank of India, J.C.Road, Bangalore-560 002.
(b) Cheque bearing No.655719 dated 13.6.2013 for Rs.1,00,000/- (Rupees one lakh only) drawn on State Bank of India, J.C.Road, Bangalore-
560002.
(c) Cheque bearing No.655723 dated 10.8.2013 for Rs.1,50,000/- (Rupees one lakh and fifty thousand only) drawn on State Bank of India, J.C.Road, Bangalore-560 002 (postdated cheque).
(d) Cheque bearing No.655721 dated 10.7.2013 for Rs.1,00,000/- (Rupees one lakh only) drawn on State Bank of India, J.C.Road, Bangalore-560 002 (postdated cheque).
5. The 1st respondent reports the receipt of Rs.5,00,000/- (Rupees five lakhs only) under -6- C.R.P.No.189/2013 aforesaid four cheques, out of them, two cheques are postdated cheques and the respondents have no objection to grant time to the petitioner up to the end of December 2015 to vacate and deliver vacant possession of the suit schedule property.
6. In the event of default in paying damages by the petitioner to the respondents as agreed for two months consecutively the time stipulated for vacating suit schedule premises comes to an end and the landlords/respondents would be at liberty to execute the decree. Likewise, if postdated cheques as shown in para 4 are not honoured in such an event, respondents can immediately execute the decree;
7. The petitioner agree and undertake that he is liable to pay taxes payable to BBMP in respect of building portion and confirms that he has paid taxes for the year 2010-2011 and undertakes to clear all property taxes payable till end of 31.12.2015 and documents relating to payment of taxes shall be handed over to the -7- C.R.P.No.189/2013 respondents and undertakes to bear and pay all the taxes payable to all Departments including service taxes.
8. The petitioner further undertakes to pay all charges payable in respect of consumption of water and electricity to the concerned departments till the date of vacating the suit schedule premises.
9. The damages payable by the petitioner to the respondents towards use and occupation of suit schedule premises shall be paid through Banker's cheque.
10. The respondents had received refundable advance of Rs.85,000/- (Rupees eighty five thousand only) and the aforesaid sum of Rs.85,000/- (Rupees eighty-five thousand only) is refunded to the petitioner through cheque dated 10.10.2013 bearing No.016993 drawn on Malleswaram Co-operative Bank Ltd. Head/Central Office, 7th Cross, Malleswaram, Bangalore-560 003.
-8- C.R.P.No.189/2013Petitioner submits that in view of refund of advance amount of Rs.85,000/- (Rupees Eighty five thousand only) no further amount is due and payable from the respondents.
WHEREFORE, the parties to the above revision petition most humbly pray that this Hon'ble Court be pleased to dispose of the above petition in terms of the above compromise petition, in the interest of justice and equity."
4. In view of the compromise arrived at between the parties, the petitioner is granted time till the end of 31st December 2015 to voluntarily vacate and to deliver vacant possession of the suit schedule premises to the respondents subject to condition that he files an undertaking by way of an affidavit before the trial court within eight weeks from today to the effect
(i) that he will voluntarily vacate and deliver vacant possession of the suit schedule premises to the respondents/landlords;
-9- C.R.P.No.189/2013(ii) that he will comply with all the terms and conditions stated in the compromise petition referred to above;
(iii) that he will not induct any third parties into the suit premises;
5. If the petitioner fails to file the undertaking before the trial court in the aforesaid terms within the time stipulated or commits breach of the undertaking given, it shall be deemed that no time had been granted by this Court to vacate the suit premises and in that event, the respondents - landlords shall be at liberty to execute the decree impugned herein;
6. Subject to the above, the impugned judgment and decree shall stand affirmed. The revision petition stands disposed of in the above terms. In view of disposal of the revision petition, I.A.No.1/2013 filed for interim stay does not survive for consideration; it stands
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C.R.P.No.189/2013disposed of accordingly.
Revision Petition disposed of.
Sd/-
JUDGE KNM/-