Disposed

Smt.Pushpalatha v. Smt. M.S. Sukanya

Karnataka HC11 Oct 2023RFA/1273/2023

Case brief

AI extract

What is this about?

A rent appeal under Section 96 CPC was disposed of due to a settlement via the appellant's undertaking. The court directed 50% payment of arrears within four weeks, balance within eight weeks, payment of enhanced rent, and vacating premises by end of February 2025, with liberty to execute on default.

What did the court decide?

Appeal disposed of; appellant to pay 50% of arrears within four weeks, balance in eight weeks, pay enhanced rent of Rs.17,000/month from October 2023, and vacate premises by end of February 2025.

Smt.Pushpalatha Vs Smt. M.S. Sukanya — Landlord and Tenant | Karnataka HC (2023)

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1 - NC: 2023:KHC:37106 RFA No. 1273 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE K.NATARAJAN REGULAR FIRST APPEAL NO. 1273 OF 2023 (RES)

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BETWEEN:

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SMT.PUSHPALATHA W/O GANGADHAR, AGED ABOUT 35 YEARS, PROPRIETOR BHARATH GARMENTS, NEW NO.24/4A, NO.24, 12TH CROSS, K.P.AGRAHARA, MAGADI ROAD, BENGALURU - 560 023

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…APPELLANT

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(BY SRI. RAVISHANKAR S., ADVOCATE FOR SRI. GANGADHARAIAH A.N.,ADVOCATE)

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AND:

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Digitally signed by BHAVANI BAI G Location: High Court of Karnataka

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SMT. M.S. SUKANYA W/O M.P. SURESH, AGED ABOUT 49 YEARS, R/AT NO.9/1-C, 12TH CROSS, MAGADI ROAD, BENGALURU - 560 023

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…RESPONDENT

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(BY SRI. RAMACHANDRA A., ADVOCATE)

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THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 13.04.2023 PASSED IN O.S.NO.3585/2020 ON THE FILE OF THE XLIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DECREEING THE SUIT FOR POSSESSION, ARREARS OF RENT AND DAMAGES.

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THIS APPEAL, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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2 - NC: 2023:KHC:37106 RFA No. 1273 of 2023

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JUDGMENT

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This appeal is filed by the appellant under Section 96 of CPC for setting aside the judgment and decree passed by the XLIII Additional City Civil and Sessions Judge, Bengaluru in O.S.No.3585/2020 dated 13.04.2023 for decreeing the suit of the respondent-plaintiff and directed the appellant to quit and vacate the possession of the suit schedule property within three months from 13.04.2023 and to pay arrears of rent of Rs.15,000/- per month from 15.01.2019 till date and also to pay the damages for Rs.16,500/- per month from 09.10.2019 onwards. Being aggrieved by the same, the appellantdefendant has filed the appeal before this Court.

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During pendency of this appeal, the learned counsel for the respondent and the appellant-Pushpalatha appeared before the Court and the appellant filed an affidavit of undertaking to quit and vacate the premises on or before the end of February 2025 and also undertaken to pay 50% of the arrears of rent towards schedule premises within four weeks and remaining 50% of arrears of rent and damages towards schedule premises within eight weeks and also undertaken to

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3 - NC: 2023:KHC:37106 RFA No. 1273 of 2023

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pay the enhanced rent of Rs.17,000/- per month from the month of October 2023 regularly.

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It is also submitted in the affidavit that out of arrears of rent of Rs.9,27,000/- she has already paid Rs.2,00,000/- to the respondent on 21.09.2023. Out of the remaining amount of Rs.7,27,000/-, 50% of the amount has undertaken to pay within four weeks and remaining 50% within eight weeks.

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It is also submitted by both the parties that there is another case pending before the Division Bench of this Court in RFA No.1266/2023 where the appellant and the respondent are also before the Division Bench in the said appeal, where the same appellant undertaken to vacate the premises by filing the affidavit. The same submission were made before this Court and the same is accepted.

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Accordingly, the affidavit is accepted, in view of

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undertaking given by the appellant in the affidavit.

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In view of settlement between the parties, the appeal is disposed of , with the direction to pay 50% of the arrears of rent i.e. Rs.3,63,000/- within four weeks from today and

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NC: 2023:KHC:37106 RFA No. 1273 of 2023

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remaining amount within eight weeks and the appellant is liable to pay Rs.17,000/- enhanced rent from the month of October 2023 regularly and she has to quit and vacate the premises on or before the end of February, 2025.

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The respondent counsel also submits there was an advance amount of Rs.2,00,000/- paid by the appellant to the respondent, the same shall be adjusted with the payment of arrears by the appellant.

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In the event of default of payment by the appellant, the respondent is at liberty to execute this order by filing execution petition.

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Draw decree accordingly.

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Sd/JUDGE

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GBB

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List No.: 1 Sl No.: 40

Smt.Pushpalatha v. Smt. M.S. Sukanya

Case brief

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Smt.Pushpalatha v. Smt. M.S. Sukanya

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