Disposed

Shivakumar v. Sundaresh T N

Karnataka HC23 Sept 2024RSA/1065/2017

Case brief

AI extract

What is this about?

Regular second appeal against a decreed ejectment suit was amicably settled between the parties. The appellants undertook to hand over vacant possession of the suit premises on or before 28.02.2026, pay Rs.5,000 per month as use-and-occupation charges from 01.09.2024, not create third-party interests or sublet, and pay electricity charges. On breach of any condition, respondent No.1 may recover po

What did the court decide?

Time granted till 28.02.2026 for appellants to vacate suit premises and pay Rs.5,000/month from 01.09.2024; respondent No.1 may seek possession on breach.

Shivakumar Vs Sundaresh T N — Landlord and Tenant | Karnataka HC (2024)

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1 - NC: 2024:KHC:39354 RSA No. 1065 of 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MRS JUSTICE K.S. HEMALEKHA REGULAR SECOND APPEAL NO. 1065 OF 2017 (RES-)

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BETWEEN:

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SHIVAKUMAR S/O LATE CHANNABASAPPA, SINCE DEAD BY HIS LRS

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T.S.KUSUMA,

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D/O LATE SHIVAKUMAR, AGED ABOUT 62 YEARS, W/O PRABHUKUMAR, R/AT OPP. TO BANASHANKARI TEXTILES, NO. 531, 42ND CROSS, JAYANAGAR, 8TH BLOCK, BENGALURU - 560 011.

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Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

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T. S. NATARAJ, S/O LATE SHIVAKUMAR, R/AT BEHIND VENKATESHWARA TEMPLE, MAHALAKSHMI LAYOUT, BATAWADI, TUMAKURU - 572 102.

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T. S. UMESH, S/O LATE SHIVAKUMAR, AGED ABOUT 58 YEARS, R/AT MAHADEVA KRUPA, NO.4, BESIDE CHILUME, K.R.EXTENSION, TUMAKURU CITY - 572 102.

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2 - NC: 2024:KHC:39354 RSA No. 1065 of 2017

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DEEPU,

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S/O LATE CHANDRASHEKAR, AGED ABOUT 39 YEARS, R/AT MAHANTHA LAYOUT, OPPOSITE TO BENGALURU HIGH SCHOOL, BULL TEMPLE ROAD, BENGALURU - 560 004.

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DIVYA,

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D/O LATE CHANDRASHEKAR, AGED ABOUT 37 YEARS,

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R/AT MAHANTHA LAYOUT, OPPOSITE TO BENGALURU HIGH SCHOOL, BULL TEMPLE ROAD, BENGALURU - 560 004.

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PRAKASH, S/O CHENNABASAPPA, MAJOR, WORKING AS PHOTO FRAME FIXTURES, OPP. TO VASUVAMBA HALL, MANDIPET, TUMAKURU - 572 101.

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…APPELLANTS

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(BY SRI. S. V. PRAKASH, ADVOCATE)

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AND:

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SUNDARESH T. N., S/O LATE T.B.NAGARAJ RAO, AGED ABOUT 46 YEARS, R/AT K.R.STREET, CHICKPET TUMAKURU CITY - 572 101.

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NEELAMMA, W/O LATE JAIPAL,

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AGED ABOUT 67 YEARS,

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3 - NC: 2024:KHC:39354 RSA No. 1065 of 2017

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R/O SRI VEERABHADRASWAMY NILAYA, #509, 4TH CROSS, HMS SCHOOL, NEAR TUDA LAYOUT, SIRA GATE, TUMAKURU - 572 102.

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T. J. SATISH, S/O LATE JAIPAL, AGED ABOUT 49 YEARS, R/O SRI VEERABHADRASWAMY NILAYA, #509, 4TH CROSS, HMS SCHOOL, NEAR TUDA LAYOUT, SIRA GATE, TUMAKURU - 572 102.

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GIRISH, S/O LATE JAIPAL, AGED ABOUT 47 YEARS,

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R/O SRI VEERABHADRASWAMY NILAYA, #509, 4TH CROSS, HMS SCHOOL, NEAR TUDA LAYOUT, SIRA GATE, TUMAKURU 572 102.

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…RESPONDENTS

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(BY SRI. AJIT P. B., ADVOCATE FOR C/R1; V/O DATED 11.06.2024 NOTICE TO R2 TO R4 D/W)

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THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 23.02.2017 PASSED IN RA NO.96/2012 ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE AND JMFC, TUMAKURU DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 23.07.2012 PASSED IN OS NO.163/2004 ON THE FILE OF THE I ADDL. CIVIL JUDGE AND JMFC-II, TUMKUR AND ETC.

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THIS APPEAL, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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4 - NC: 2024:KHC:39354 RSA No. 1065 of 2017

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CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA

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ORAL JUDGMENT

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Counsel for the appellants filed memo along with the undertaking affidavit of appellant No.6 as a Special Power of Attorney Holder of appellant Nos.1 to 3 and 5 and as per the authorization given by appellant No.4. The memo reads as under:

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"The counsel for the appellants hereby furnishes the undertaking affidavit filed by the 6^th appellant as a Special Power of Attorney Holder of appellants 1 to 3 and 5 and as per the authorisation given by the 4^th appellant and copy of the undertaking affidavit, the special power of attorney dated 21/09/2024 executed by the appellants 1 to 3 and 5 and copy of the letter of authorisation issued by the 4^th appellant dated 21/09/2024 are produced herewith and the same may be taken on the record."

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Appellant No.6 is present before the Court and

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his presence is acknowledged by the appellants counsel.

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Undertaking affidavit is filed by appellant No.6-

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Prakash, s/o late Channabasappa, as a Special Power of Attorney Holder of appellant Nos.1 to 3 and 5, who are his

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5 - NC: 2024:KHC:39354 RSA No. 1065 of 2017

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mother, brothers and sisters and also on the authorization by way of letter/email dated 21.09.2024 to swear this affidavit, given by appellant No.4, another brother, who at present is out of country. The affidavit reads as under:

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"1) I am the appellant No.6 in the above appeal and I am Special Power of Attorney Holder of the appellants 1 to 3 and 5 who are my mother, brothers and sisters and I am also authorised by the appellant No.4 by way of letter dated 21/09/2024 to swear to this affidavit on his behalf also. Hence I am competent to swear to this affidavit being familiar with the facts of the case.

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3) In the above appeal we have challenged the judgment and decree dated 23/02/2017 passed by the learned II Additional Senior Civil Judge and JMFC, Tumakuru in R.A.No.96/2012 confirming the judgment and decree dated 23/07/2012 passed by the court of learned I Additional Civil Judge and JMFC-II, Tumakuru in O.S.No.163/2004 whereby and where under the suit filed by the 1^st respondent for the ejectment of the appellants came to be decreed.

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4) I submit that on account of intervention of friends, elderly members and well-wishers of both the parties the above appeal has been amicably

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6 - NC: 2024:KHC:39354 RSA No. 1065 of 2017

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settled. As per the terms of the settlement, we, the appellants have agreed to quit and deliver the vacant possession of the suit schedule premises to the 1^st respondent within 1 1/2 year (one year six months) i.e., on or before 28/02/2026. Further, the appellants have agreed to pay a sum of Rs.5,000/- (Rupees Five Thousand only) every month to the 1^st respondent till 28/02/2026. We the appellants have undertaken to file the affidavit as per the terms of the settlement.

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5) I have already filed the undertaking affidavit before this Hon'ble Court on 03/09/2024 to the effect that I would vacate and handover the suit schedule premises to the 1^st respondent on or before 28/02/2026 and to pay a sum of Rs.5,000/- (Rupees Five Thousand only) every month from 01/09/2024 till 28/02/2026 and the same was taken on record.

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6) I state that the 4^th appellant by name Deepu is out of country on employment and he is not available. The 4^th appellant sent a letter through e- mail on 21/09/2024 agreeing to vacate and handover the suit schedule premises as agreed by the other appellants and stated that he had no objection to file the undertaking and a copy of the letter sent by him dated 21/09/2024 through e-mail is produced along with this affidavit.

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7 - NC: 2024:KHC:39354 RSA No. 1065 of 2017

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7) I state that we the appellant shall vacate and handover the suit schedule premises to the 1^st respondent on or before 28/02/2026 and we shall pay Rs.5,000/- (Rupees Five Thousand only) every month to the 1^st respondent towards the use and occupation of the suit schedule premises from 01/09/2024 till 28/02/2026.

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8) I state that we the appellants hereby undertake that we shall vacate and handover the suit schedule premises to the 1^st respondent without driving him to approach the executing court and without raising any objection on or before 28/02/2026.

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9) I state that we the appellants undertake that we pay Rs.5,000/- (Rupees Five Thousand only) per month in respect of suit schedule premises towards its use and occupation starting from 01/09/2024 up to 28/02/2026 without committing default and we shall pay the same on the next succeeding month i.e., on or before 05^th of that month.

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10) I state that we the appellants shall not create third party interest in respect of the suit schedule premises and sublet the same till we vacate the same as agreed.

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8 - NC: 2024:KHC:39354 RSA No. 1065 of 2017

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11) I hereby undertake that we have no right to alter the existing building except effecting minor repairs during our occupation till we vacate the same as agreed.

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12) I hereby undertake that to pay the electricity charges in respect of the suit schedule premises without default till we vacate the premises as agreed.

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13) I hereby undertake that if we contravene any of these conditions, the 1st respondent is entitled to recover the possession of the suit schedule premises as if no time is granted by this Hon'ble court."

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At paragraph No.6 of the affidavit, it is mentioned that appellant No.4 by name Deepu is out of Country on employment and he is not available and appellant No.4 has sent a letter through E-mail on 21.09.2024 agreeing to vacate and handover the suit property as agreed by other appellants and he has no objections to file an undertaking, the copy of the E-mail dated 21.09.2024 is produced along with the affidavit.

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9 - NC: 2024:KHC:39354 RSA No. 1065 of 2017

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In terms of the affidavit, the regular second

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appeal stands disposed of , granting time to the appellants to vacate the suit schedule premises on or before 28.02.2026 without driving respondent No.1 to approach the executing Court, and to pay monthly rent of Rs.5,000/- from 01.09.2024 to 28.02.2026, without any default. Any of the conditions under taken in the affidavit are violated, respondent No.1 is at liberty to seek for possession of the suit schedule premises, in accordance with law.

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Sd/(K.S. HEMALEKHA) JUDGE

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AT List No.: 1 Sl No.: 16

Shivakumar v. Sundaresh T N

Case brief

What is this about?

What did the court decide?

Shivakumar v. Sundaresh T N

Case brief

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What did the court decide?

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