Disposed

Sri. D. Narasegowda v. Sri. L. N. Swamy

Karnataka HC2 Sept 2024HRRP/28/2018

Case brief

AI extract

What is this about?

High Court disposed of a House Rent Revision Petition against eviction. The court confirmed the impugned eviction order, allowing the tenant three months to vacate the premises voluntarily upon filing an undertaking to pay pending and future rents.

What did the court decide?

Evetintion order confirmed; tenant granted time to vacate by 31.03.2025 upon filing affidavit undertaking to pay rents.

Sri. D. Narasegowda Vs Sri. L. N. Swamy — Landlord and Tenant | Karnataka HC (2024)

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NC: 2024:KHC:35773 HRRP No. 28 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE V SRISHANANDA HOUSE RENT REV. PETITION NO.28 OF 2018

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BETWEEN:

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SRI. D. NARASEGOWDA AGED ABOUT 52 YEARS, S/O. DASEGOWDA, PROPRIETOR OF M/S. YASHWANTH KAJA AND BUTTONS CENTER, No.53, OPP. MANDI POLICE STATION, K.T. STREET, MANDI MOHALLA, MYSURU-577 001.

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…PETITIONER

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(BY SRI R.VIJAY KUMAR, ADVOCATE)

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AND:

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SRI. L. N. SWAMY AGED ABOUT 71 YEARS, S/O. NARASIMHACHARYA, R/AT EWS.6, R.S. NAIDU NAGAR, N.R. MOHALLA, MYSURU-577 001.

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Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA

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…RESPONDENT

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(BY SRI A LOURDU MARIYAPPA, ADVOCATE)

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THIS HRRP IS FILED UNDER SECTION 115 OF CIVIL PROCEDURE CODE AGAINST THE ORDER DATED 23.11.2017 PASSED IN HRC No.77/2012 ON THE FILE OF THE III ADDL. FIRST CIVIL JUDGE AT MYSURU, ALLOWING THE PETITION FILED AGAINST THE ORDER DATED 4.4.2018 PASSED IN REVISION (RENT) No.01/2018 ON THE FILE OF THE C/C I ADDITIONAL DISTRICT JUDGE, MYSURU, DISMISSING THE

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NC: 2024:KHC:35773 HRRP No. 28 of 2018

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REVISION PETITION FILED UNDER SECTION 46 OF KARNATAKA RENT ACT, 1999 FOR EVICTION.

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THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE V SRISHANANDA

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ORAL ORDER

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Heard Sri R. Vijay Kumar, learned counsel for the revision petitioner and Sri Lourdu Mariyappa, learned counsel for the respondent.

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After hearing for sufficient time, learned counsel for the revision petitioner submits that if the petitioner is granted time till 31.03.2025 to vacate and hand over the premises, the petition shall be disposed of with those terms.

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On behalf of the respondent, it is submitted that if the petitioner files an affidavit of undertaking that he would voluntarily vacate and hand over the premises on or before 31.03.2025 and continue to pay the rents regularly, the petition can be disposed of placing the such undertaking on record.

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Placing the submissions of both, following order is passed:

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3 - NC: 2024:KHC:35773 HRRP No. 28 of 2018

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ORDER

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(i) HRRP stands disposed of.

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(ii) While confirming the order of eviction passed by the Trial Court, the time is granted for the tenant/revision petitioner to vacate and hand over the premises to the respondent/landlord on or before 31.03.2025.

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(iii) Revision petitioner/tenant shall file an undertaking by way of affidavit, under taking to pay the arrears of rent if any and continue to pay the rents regularly and voluntarily vacate and hand over the premises on or before 31.03.2025.

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(iv) Such an affidavit shall be filed on or before 13.09.2024, after serving the copy to the respondent.

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(v) Amount in deposit, if any, is ordered to be withdrawn by the landlord/respondent under due identification.

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Sd/(V SRISHANANDA) JUDGE

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MR, List No.: 1 Sl No.: 54

Sri. D. Narasegowda v. Sri. L. N. Swamy

Case brief

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Sri. D. Narasegowda v. Sri. L. N. Swamy

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