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Karnataka High Court · body

2010 DIGILAW 31 (KAR)

J. K. Krishna Murthy v. T. Nataraja

2010-01-11

H.BILLAPPA

body2010
Judgment : The learned Counsel for the parties, the appellant and the respondent are present before the Court. Hey have filed a compromise petition under Order 23, Rule 3 read with Section 151 of the Civil Procedure Code, 1908, which reads as under: The parties above named beg to submit as follows. - I. The plaintiff/respondent is the owner and the defendant/appellant is the tenant under the plaintiff in respect of the schedule property. The plaintiff filed O.S.No.9046 of 2006 for ejectment of the defendant from the schedule property. The Hon’ble City Civil Judge (CCH-23) by its judgment and decree dated 4-8-2009 was pleased to decree the suit directing the defendant/appellant to quit and deliver vacant possession and also further directed the defendant/appellant to pay mesne profits with costs at the rate of Rs. 1,000/- (Rupees one thousand only) from the date of filing of the suit i.e., on 16-10-2006 till the date of vacation. Feeling aggrieved by the judgment and decree the above appeal has been is preferred. II. The parties after mutual discussion have agreed to settle the dispute amicably and the terms of settlement are reduced into writing hereinbelow: (a) The appellant/defendant agrees and undertakes to handover for vacant possession of the schedule property to the plaintiff on or before 30-9-2010 (Thirty September, Two Thousand and Ten). (b) The defendant assures and undertake not to seek for extension of time under any circumstances beyond 30-9-2010. (c) As per the decree, the mesne profits and costs payable by the defendant/appellant to the plaintiff/respondent is quantified at Rs. 50,000/- (Rupees Fifty thousand only). (d) Out of the sum of Rs. 50,000 (Rupees Fifty thousand only) payable by the defendant/appellant to the plaintiff/respondent Rs. 35,000/- (Rupees thirty-five thousand only) is adjusted towards the security deposit paid by the defendant to the plaintiff at the time of induction of the defendant to the tenancy. (e) The balance sum of Rs. 15,000/- (Rupees Fifteen thousand only) shall be payable by the defendant/appellant to the plaintiff/respondent by demand draft before 31-1-2010. (f) The defendant/appellant shall continue to pay the mesne profits at the rate of Rs. 1,000/- (Rupees one thousand only) p.m. as ordered by the Court below by way of demand draft from January 2010 till the time of his vacation regularly and promptly on or before 5th of every month commencing from 5-2-2010. (f) The defendant/appellant shall continue to pay the mesne profits at the rate of Rs. 1,000/- (Rupees one thousand only) p.m. as ordered by the Court below by way of demand draft from January 2010 till the time of his vacation regularly and promptly on or before 5th of every month commencing from 5-2-2010. (g) Any single default of the payment in clauses (e) and (f) of the terms supra, shall entitle the respondent to seek eviction of the appellant from the schedule property. Wherefore, the plaintiff/respondent and appellant/defendant most respectfully pray that this Hon’ble Court may be pleased to dispose of the above appeal in terms of the compromise by directing the defendant/appellant to quit and deliver the vacant possession of the schedule premises by 30-9-2010 and this Hon’ble Court may further be pleased to direct the office to refund of the Court fee to the appellant. 2. The appellant and the respondent who are present before the Court admit the terms of compromise and its due execution. The compromise is in the best interest of the parties and therefore, accepted. 3. Accordingly, the appeal is disposed of in terms of the compromise entered into between the parties. The judgment and decree passed by the Trial Court in O.S.No.9046 of 2006 stands modified in terms of the compromise entered into between the parties. The appellant shall vacate and deliver vacant possession of the premises to the respondent on or before 30-09-2010. The appellant shall pay the arrears of Rs. 15,000/- on or before 31-1-2010. The appellant shall continue to pay mesne profits at the rate of Rs. 1,000/- p.m. from January 2010 till he vacates the premises. 4. Draw up the decree in terms of the compromise. Office is directed to refund the permissible Court fee.