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2009 DIGILAW 834 (KAR)

R. Sarojamma v. A. C. Mallikarjunaswamy

2009-11-09

B.SREENIVASE GOWDA

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JUDGMENT : The petitioner being aggrieved by the order of the Trial Court dated 1-8-2009 directing the petitioner to vacate and deliver the vacant possession of the petition schedule property in favour of the respondent within two months from the date of order, has preferred this petition. 2. The respondent – landlord has filed an eviction petition in H.R.C. No. 29 of 2009 seeking eviction of the petitioner form the petition schedule property under Section 27 (2)(a)and (r) of the Karnataka Rent Act, 1999 (hereinafter referred to as ‘Act’ for short) 3. The petitioner - tenant contested the matter. The Trial Court after hearing both the parties by impugned order allowed the eviction petition filed by the respondent under both Section 27(2)(a)and (r) of the Act and directed the petitioner – tenant to vacate and handover the vacant possession of the petition schedule premises in favour of the respondent within two months from the date of order. Aggrieved by the same, the petitioner has preferred this revision petition. 4. Now the petitioner has deposited upto date rent and it covers the rent up to October 2009 and she has to pay the rent of November 2009 on or before the 10th of December, 2009. 5. There is no dispute between the parties regarding their relationship as landlord and tenant between them. There was some dispute with regard to water facilities and payment of water charges and after due deliberation, it is also resolved. 6. After arguing the matter for some time, the parties have agreed to settle the matter amicably and requested the Court to dispose of the petition in the following terms: (1) The respondent –landlord has agreed to grant time to the petitioner – tenant up to 31st May, 2011, to vacate and deliver the vacant possession of the petition schedule premises in his favour. (2) The petitioner should pay rent, water and electricity charges regularly as and when the become due and payable. (2) The petitioner should pay rent, water and electricity charges regularly as and when the become due and payable. (3) It is agreed between the parties that rent has to be paid on or before 10th of every month by way of account payee cheque in the name of the respondent (4) As there is common water meter and 5 tenements including the parties to this petition are required to share the water charges equally among them, the petitioner has agreed to pay 1/5th of the water charges on or before 20th of every month and the petitioner should pay a sum of Rs. 2,000/- (Rs. Two Thousand only) to the respondent on or before 30-11-2009 towards arrears of water charges which covers water charges upto 30th of November, 2009. (5) The respondent has agreed to leave water to the petition schedule premises of the petitioner two times in a day i.e., in the early morning and in the evening of every day. (6) petitioner should not sub-lease or create third party interest or induct any third party into the petition schedule premises. (7) The respondent should not cause interference for the use and enjoyment of petition schedule premises by the petitioner. (8) Petitioner should vacate and deliver the vacant possession of the petition schedule premises in favour of the respondent – landlord on or before 31st May, 2011 voluntarily without dragging the respondent to executing Court to take possession of the premises. (9) The respondent should refund the advance amount of Rs. 50, 000/- (Rs. Fifty Thousand only) to the petitioner at the time of petitioner vacating the petition schedule premises in his favour. (10) The respondent is permitted to withdraw the rents deposited by the petitioner before this Court. (11) Both the parties have agreed that they do not create problems with each other and they have agreed to live peacefully. (12) The petitioner should file an undertaking in the form of an affidavit by incorporating the above terms and conditions. Within one month from today. 7. The revision petition is disposed of in the above terms and impugned order is modified accordingly and no order as to cost. 8. In view of the disposal of the main petition, I.As. do not survive for consideration.