Rent Act revision petition dismissed by granting tenant time to volunteerly vacate premises on providing affidavit undertaking; landlord permitted to withdraw deposit and impugned eviction order affirmed.
Time granted to vacate; undertaking to file; deposit withdrawn; eviction order affirmed.
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 3RD DAY OF JULY 2012
BEFORE
THE HON’BLE MR. JUSTICE H.G.RAMESH
H.R.R.P.NO.285 OF 2010
BETWEEN:
SMT N PADMAVATHI D/O LATE SRI NARAYANA SETTY AGED 60 YEARS R/A NO.2/1, OUT-HOUSE "NAGAGIRI", 2ND MAIN ROAD KEMPEGOWDA NAGARA BANGALORE 560019
... PETITIONER
(BY SRI R B SADASIVAPPA, ADVOCATE)
AND:
SRI G NAGENDRA AGED 64 YEARS S/O LATE SRI M N GUNDU RAO R/A NO.2/1, MAIN HOUSE "NAGAGIRI", 2ND MAIN ROAD KEMPEGOWDA NAGARA BANGALORE 560019
... RESPONDENT
(BY SRI PRASANNA KUMAR, ADVOCATE OF M/S.KUMAR & KUMAR, ADVOCATE)
HRRP FILED U/S 46(1) OF KARNATAKA RENT ACT, AGAINST THE JUDGMENT DATED 17.8.2010 PASSED IN HRC.NO.234/2009 ON THE FILE OF THE II ADDL. JUDGE, COURT OF SMALL CAUSES, BANGALORE, ALLOWING THE PETITION FILED UNDER SEC.27(2)(r) OF KARNATAKA RENT ACT.
HRRP COMING ON FOR FINAL HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
H.R.R.P.NO.285 OF 2010
O R D E R
H.G.RAMESH, J. (Oral):
Sri R.B.Sadashivappa, learned Counsel
appearing for the petitioner/tenant, on instructions from the petitioner who is present in Court, submits that the revision petition may be disposed of by granting time till 31st December 2013 to the petitioner/tenant to voluntarily vacate and to deliver vacant possession of the petition premises to the respondent/landlord.
H.R.R.P.NO.285 OF 2010
any arrears of rent/damages for the period ending December 2013. His submission is placed on record.
H.R.R.P.NO.285 OF 2010
undertaking given, it shall be deemed that no time had been granted by this Court to vacate the petition premises and in that event, the respondent/landlord shall be at liberty to execute the order of eviction impugned herein;
The revision petition stands disposed of in the
above terms.
Sd/JUDGE
nas.
Smt N Padmavathi
Sri G Nagendra
H.G. Ramesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
