Karnataka High Court
M/S. Jyothi Stores vs Sri. Jagadguru Renukadi Panchacharya on 10 February, 2020
Author: S.Sunil Dutt Yadav
Bench: S. Sunil Dutt Yadav
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF FEBRUARY 2020
BEFORE
THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV
CIVIL REVISION PETITION No.28/2020
Between:
M/s. Jyothi Stores,
No.8, Mamulpet Main Road,
Bengaluru - 560 053,
By its Managing Partner
Sri Paramjyothi. ... Petitioner
(By Sri. R.B. Sadasivappa, Advocate)
And:
Sri Jagadguru Renukadi Panchacharya,
Free Boarding Trust,
A registered trust having its Trust Office
At Sri Mahanthara Mutt,
Chickpet, Bengaluru - 560 053,
Rep. by its Administrator
Sri H. Veerabhadraiah. ...Respondent
(By Sri G.V. Dayananda, Advocate for C/R)
This Civil Revision Petition is filed under Section 18 of
the Small Causes Courts Act against the judgment and
decree dated 22.11.2019 passed in SC No.1214/2016 on the
file of the I Additional Small Causes Judge, Bangalore
(SCCH-11) partly decreeing the suit for ejectment.
This Civil Revision Petition coming on for Admission,
this day, the Court made the following:
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ORDER
This petition is filed by the defendant before the Court of Small Causes, Bangalore (SCCH-11) challenging the order passed in S.C.No.1214/2016 whereby the petition of the landlord came to be allowed directing the defendant to vacate and hand over the vacant premises within a period of two months.
2. At the intervention of Court, the parties have explored the possibilities of settlement and have arrived at a compromise. In terms of the compromise, the arrears of rent has been paid by the petitioner- defendant to the respondent-plaintiff as per the Demand Draft No.474739 dated 05.02.2020 drawn on Canara Bank, Rajajinagar Branch, Bengaluru. It is further provided that the security deposit of a sum of Rs.15,000/- will be refunded to the petitioner simultaneous to the petitioner handing over the vacant possession of the premises to the respondent. The 3 petitioner agrees to pay the electricity charges till 31.12.2022 and to furnish the receipts to the respondent. The petitioner further undertakes that he would not sub-let or under-let the schedule premises to any third parties and would quit and hand over the vacant possession without driving the respondent to file any execution petition.
3. It is further provided that the petitioner would pay monthly rent of Rs.40,000/- on or before 5th of every calendar month till the date of handing over of vacant possession. It is also provided that the petitioner would vacate and hand over the vacant possession on or before 31.12.2022 and that no further extension of time would be sought for.
4. Both the parties are present before the Court and have accepted the terms of compromise and it cannot be stated that the terms are in any way opposed to any law.
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5. In light of the said compromise petition filed in Court, the terms of which are stated to have been read out and explained to the parties, and the parties having accepted the same, the judgment of Court of Small Causes is being upheld, subject to the understanding whereby the petitioner is permitted to remain in possession till 31.12.2022. Insofar as the terms regarding payment of electricity bills and payment of enhanced rent, the same has been recorded in the compromise petition.
6. It is submitted by learned counsel for the respondent that, if GST is applicable as regards enhanced rent, the same is to be paid by the petitioner. The petitioner submits that GST is not payable and if the same is payable as per law, he would do so without any further demand by the respondent. 5
7. Accordingly, the petition is disposed off in terms of the above and decree to be drawn in terms of the compromise.
Sd/-
JUDGE VGR ct:mhp