Disposed

Sri. Krishnamurthy Subramanya v. Smt Yogeetha B S

Karnataka HC4 Dec 2023CRP/126/2023

Case brief

AI extract

What is this about?

The High Court disposed of the Civil Revision Petition challenging an eviction decree after the parties filed a joint memo agreeing to a compromise. The petitioner was granted two years to vacate the property while agreeing to pay monthly rent.

What did the court decide?

Petitioner granted two years from today to vacate and handover property to respondent; petitioner to pay enhanced rent of Rs. 60,000 per month from 01.12.2023.

Sri. Krishnamurthy Subramanya Vs Smt Yogeetha B S — Landlord and Tenant | Karnataka HC (2023)

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1 - NC: 2023:KHC:43823 CRP No. 126 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE R. NATARAJ CIVIL REVISION PETITION NO. 126 OF 2023

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BETWEEN:

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SRI. KRISHNAMURTHY SUBRAMANYA PROPRIETOR, AGED ABOUT 55 YEARS A-1-PLAST, NO.208, 80 FEET ROAD, KATHRIGUPPE, BANASHANKARI, 3^RD PHASE, 3^RD STAGE, BENGALURU-560085.

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…PETITIONER (BY SRI. R.B.SADASIVAPPA, ADVOCATE FOR SRI. K.S. NARAYANA SWAMY, ADVOCATE)

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AND:

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Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

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SMT. YOGEETHA B.S. AGED ABOUT 43 YEARS, W/O LATE BABU, RESIDING AT NO.71/1, 1^ST CROSS, 1^ST MAIN, K.E.B. LAYOUT, VIVEKANANDANAGAR, KATHRIGUPPE, BENGALURU-560085 …RESPONDENT (BY SRI. SMT. RADHAMMA, ADVOCATE FOR SRI. SHIVAREDDY K.V., ADVOCATE)

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THIS CRP IS FILED UNDER SECTION 18 OF SMALL CAUSES COURTS ACT, AGAINST THE JUDGMENT AND DECREE DATED 01.12.2022 IN SC NO.735/2019 ON THE FILE OF THE COURT OF SMALL CAUSES, BANGALORE DECREEING THE SUIT FOR EVICTION.

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NC: 2023:KHC:43823 CRP No. 126 of 2023

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

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ORDER

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The petitioner has challenged the judgment and decree dated 01.12.2022 passed by the IX Additional Small Causes Judge and Additional MACT, Bengaluru (henceforth referred to as 'Trial Court') in S.C.No.735/2019, by which, he was directed to quit and deliver vacant possession of the suit schedule property to the respondent within three months from the date of the judgment and decree.

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When this petition was listed for admission on 28.11.2023, this Court after hearing both the parties, suggested to the learned counsel for the petitioner and the learned counsel for the respondent that the petitioner may be continued to occupy the suit schedule property for a period of two years, subject to he paying monthly rent of Rs.60,000/-. The petitioner and the respondent, who were present in person, accepted the same and accordingly, the petitioner and respondent were directed to file a joint memo evidencing the above.

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NC: 2023:KHC:43823 CRP No. 126 of 2023

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Today, the petitioner and the respondent have filed

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a joint memo, which reads as follows:-

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"JOINT MEMO FILED ON BEHALF OF THE PETITIONER AND RESPONDENT

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The Petitioner and Respondent above named respectfully submit as follows:

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It is submitted that, the petitioner has filed the above petition, questioning the correctness and legality of the judgment and decree dated 01.12.2022 in S.C.No.735/2019 passed by the learned IX Additional Small Causes Judge and Additional M.A.C.T., Bengaluru (SCCH-7).

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It is submitted that, after hearing the matter for some time, the petitioner and respondent came to an understanding and as per the terms of the said compromise, the petitioner agreed to vacate and deliver the vacant possession of the suit schedule property in favour of Respondent within a period of 2 years.

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It is submitted that, the petitioner has agreed to pay the enhanced Rent of Rs.60,000/- per month to the Respondent, commencing from 01.12.2023.

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It is submitted that, the petitioner agreed to vacate and deliver the vacant possession of the

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4 - NC: 2023:KHC:43823 CRP No. 126 of 2023

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suit schedule property and hand over the same in faovur of Respondent within a period of 2 years and the Petitioner undertakes to vacate the schedule premises on or before 30.11.2025.

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In view of the above terms, the above Civil Revision Petition may kindly be disposed off, in the interest of justice."

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The memo is placed on record.

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The petitioner and the respondent, who are present in person have affixed their signatures to the order sheet of this Court in token of their acceptance of the terms of the joint memo.

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In view of the above, the impugned judgment and decree dated 01.12.2022 passed by the IX Additional Small Causes Judge and Additional MACT, Bengaluru, in S.C.No.735/2019, ordering eviction of the petitioner is upheld. However, the petitioner is granted two years time from today to vacate and handover the vacant possession of the suit schedule property to the respondent subject however, to the condition that the petitioner pays enhanced rent at the rate of Rs.60,000/- per month from 01.12.2023. It is made clear that the rent shall be paid by or before 10^th day of every month,

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NC: 2023:KHC:43823 CRP No. 126 of 2023

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failing which, the respondent shall be entitled to execute the impugned judgment and decree passed by the Trial Court.

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Accordingly, this petition stands disposed off in

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terms of the joint memo.

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Sd/JUDGE

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PMR

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List No.: 1 Sl No.: 47

Sri. Krishnamurthy Subramanya v. Smt Yogeetha B S

Case brief

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Sri. Krishnamurthy Subramanya v. Smt Yogeetha B S

Case brief

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