Allowed

Smt Chitra Shankar v. Sri R Ravichandran

Karnataka HC4 Dec 2023RFA/2145/2023

Case brief

AI extract

What is this about?

The High Court disposed of a Final Appeal seeking modification of a partly decreed ejectment suit. On the basis of a joint memo of settlement, the court granted the appellant one year to vacate the property contingent upon clearing and paying future rent of Rs. 10,000 per month. The court reserved liberty for the appellant to amend her related suit against a third party and directed full refund of

What did the court decide?

Appellant granted one year to quit and deliver vacant possession of the suit property upon clearing and paying all arrears and future rent at Rs. 10,000 per month; 100% court fees refunded to both par

Smt Chitra Shankar Vs Sri R Ravichandran — Property and Title | Karnataka HC (2023)

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NC: 2023:KHC:43816 RFA No. 2145 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO.2145 OF 2023 (EJE)

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BETWEEN:

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SMT CHITRA SHANKAR W/O P.R. UMASHANKAR AGED ABOUT 46 YEARS RESIDENT OF NO.68/1, 1^ST FLOOR 1^ST CROSS, 1^ST MAIN KANAKAPURA MAIN ROAD 7^TH BLOCK, JAYANAGAR BENGALURU – 560 070. …APPELLANT (BY SRI. SURESH S. LOKRE, SENIOR COUNSEL FOR SRI. SHRAVAN.S.LOKRE, ADVOCATE) AND:

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Digitally signed by VANDANA S Location: HIGH COURT OF KARNATAKA

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SRI R RAVICHANDRAN S/O LATE RAMASWAMY MURTHYARALANDI PILLAI AGED ABOUT 54 YEARS R/O 68/1, 3^RD FLOOR, KARIYAPPA ROAD, 1^ST CROSS KANAKAPURA ROAD 7^TH BLOCK, JAYANAGAR BENGALURU – 560 070. …RESPONDENT (BY SRI.RAMESH M.N., ADVOCATE)

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THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 03.10.2023 PASSED IN OS.NO.2080/2020 ON THE FILE OF THE LIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, PARTLY DECREEING THE SUIT FOR EJECTMENT.

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

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2 - NC: 2023:KHC:43816 RFA No. 2145 of 2023

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JUDGMENT

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This appeal by the defendant in O.S.No.2080/2020 is directed against the impugned judgment and decree dated 03.10.2023 passed by the LIX Addl. City Civil & Sessions Judge, Bengaluru City, whereby the said suit filed by the respondent – plaintiff against the appellant – defendant for a direction to quit and deliver vacant possession of the suit schedule property, for mesne profits and other reliefs was partly decreed by the Trial Court in favour of the respondent – plaintiff against appellant – defendant.

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A Joint Memo of Settlement is filed by both sides reporting amicable settlement. As per the terms and conditions of the aforesaid Joint Memo, the appellant submits that he would voluntarily quit and deliver vacant possession of the suit schedule property to the respondent on or before expiry of a period of one year from today. The said Joint Memo also states that the said settlement would be without prejudice to the claim of Rs.24,00,000/by the appellant as against Smt. Indira Sathyanarayana and also that appellant would not put-forth any claim as against the respondent in respect of the said Rs.24,00,000/-. The said Joint Memo reads as under:

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NC: 2023:KHC:43816 RFA No. 2145 of 2023

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“ The Appellant states as follows:-

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1. The Appellant submits that without Prejudice to her claim for Rs.24,00,000/- (Rupees Twenty-Four Lakhs only) only against the Respondent’s predecessor Smt. INDIRA SATHYANARAYANA, is willing to Vacate and Deliver the vacant possession of the Schedule Property on or before the expiry of ‘one Year’ time from this Day.

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2. The Respondent is agreeable for a modification of the Decree passed in O.S.No.2080/2020, in terms of the above statement made by the Appellant and this Hon’ble Court may be pleased to grant One year time to the Appellant to vacate and deliver the vacant possession of the Schedule Property.

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3. The Appellant submits that she may be given the ‘Liberty’ to pursue her remedy for recovery of the Advance Amount of Rs.24,00,000/- (Rupees Twenty-Four Lakhs only) in accordance with law only as against Smt. Indira Sathyanarayana.

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4. The Appellant and the Respondent pray that the Decree in O.S.No.2080/2020 may kindly be modified in accordance with the above Joint Memo and the Court Fee paid in the above Appeal may kindly be ordered to be refunded to the Appellant, in the above case in the interest of Justice and Equity.

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WHEREFORE, the Appellant and Respondent pray for necessary Orders in the above case in the interest of Justice and Equity. “

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Learned Senior Counsel for the appellant submits that

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the appellant would clear all arrears of rent at the rate of Rs.10,000/- per month to the respondent, till today and appellant shall continue to pay future rent of Rs.10,000/- per month till she

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4 - NC: 2023:KHC:43816 RFA No. 2145 of 2023

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vacates and hands over vacant possession of the suit schedule property to the respondent.

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Per contra, learned counsel for the respondent submits that he does not have any objection to grant one year time to the appellant to quit and deliver vacant possession of the suit schedule property to the respondent. It is however submitted that the appellant would necessarily have to clear all arrears of rent at the rate of Rs.10,000/- per month and continue to pay the same till she quits and hands over vacant possession of the suit schedule property to the respondent. It is further submitted that since the appellant has given up / abandoned all her claim, if any, in relation to Rs.24,00,000/- as against the respondent herein, the appellant would be entitled to proceed against Smt. Indira Sathyanarayana, in this regard.

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Learned Senior Counsel for the appellant and learned counsel for the respondent jointly submits that the appellant has already instituted the suit in O.S.No.25030/2020 against the respondent herein and Smt. Indira Sathyanarayana, for injunction and other reliefs in relation to the suit schedule property. It is submitted that in view of the present settlement, the appellant has

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5 - NC: 2023:KHC:43816 RFA No. 2145 of 2023

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to be reserved liberty to delete respondent herein, who is defendant in the said suit but proceed against Smt. Indira Sathyanarayana and seek amendment of the plaint in the said suit putting forth all her claims against Smt. Indira Sathyanarayana including Rs.24,00,000/- alleged to be due to the appellant from Smt. Indira Sathyanarayana.

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The said submission is placed on record.

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Appeal is hereby disposed of in terms of Joint Memo of

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Settlement. Impugned judgment and decree is modified in terms of the Joint Memo of Settlement. Appellant is granted one year time to quit and deliver vacant possession of the suit schedule property to the respondent subject to clearing / paying all arrears of rent due to the respondent at Rs.10,000/- per month and shall continue to pay future rent till she vacates and hand over vacant possession of the suit schedule property to the respondent.

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Appellant is reserved liberty to delete the name of the respondent from array of parties in O.S.No.25030/2020. Appellant is also reserved liberty to continue the said suit as against Smt.Indira Sathyanarayana and also amend the pleadings

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6 - NC: 2023:KHC:43816 RFA No. 2145 of 2023

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incorporating all claims / reliefs of recovery of Rs.24,00,000/- only as against Smt. Indira Sathyanarayana and by abandoning / giving up the claim of the appellant herein against the respondent herein in respect of the said Rs.24,00,000/-

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Registry of this Court is directed to refund 100% Court fee (entire court fee) paid by the appellant on the Memorandum of Appeal as per amendment to Section 66 of the Karnataka Court Fees and Suits Valuation (Amendment) Act, 2020, forthwith without any delay.

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So also, Registry of the Trial Court is directed to refund

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100% Court fee (entire court fee) paid by the plaintiff on the plaint to respondent – plaintiff immediately upon receipt of a copy of this order.

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Sd/JUDGE

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List No.: 2 Sl No.: 6

Smt Chitra Shankar v. Sri R Ravichandran

Case brief

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Smt Chitra Shankar v. Sri R Ravichandran

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