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2010 DIGILAW 412 (KAR)

R. Srinivasa Shetty v. D. Munirathnama Reddy

2010-03-30

ARAVIND KUMAR

body2010
JUDGMENT : 1. The respondent-tenant has challenged the judgment passed by the Chief Judge, Court of Small Causes dated 23-7-2009 in H.R.C. No. 292 of 2007, wereunder the petition under Section 27(2)(r) came to be allowed. 2. The learned Advocates appearing for the parties state that parties have settled the matter and in pursuance to such settlement a compromise petition under Order 13, Rule 3 of the Civil Procedure Code, 1908 is filed before this Court. The said compromise reads as follows.- (i) that the respondent/owner shall agree to continue the tenancy of the petitioner/tenant in respect of Shop No. 3 as per the new Rent Agreement dated 25-3-2009, entered into between the parties; (ii) That, as per the rental agreement dated 25-3-2009, the petitioner/tenant has agree to pay monthly rent of Rs. 4,000/- (Rupees Four Thousand only) and Rs. 1,00,000/-(Rs. One Lakh only) towards advanced/deposit; (iii) The respondent/owner shall acknowledge for having received all arrears of rent in respect of Shop No. 3; (iv) The respondent/owner shall not press eviction petition filed under Section 27(2)(a) and (r) of the Act in H.R.C. No. 292 of 2007 and it may be dismissed as withdrawn; (v) The respondent/owner shall withdrawn Execution Case No. 2156 of 2009 pending on the file of the Chief Judge, Court of Small Causes, Bangalore, in H.R.C. No. 292 of 2007. 3. The parties to the compromise petition are present before the Court and admit the execution thereof. The parties present before the Court are identified by their respective Advocates. 4. In view of the settlement arrived at between the parties the respondent landlord has agreed to withdraw the eviction H.R.C. No. 292 of 2007 filed under Section 27(2)(a) and (r) of the Act and hence the said eviction order passed by the Court below in H.R.C. No. 292 of 2009, dated 23-7-2009 is hereby set aside and the respondent-landlord is permitted to withdraw the eviction petition H.C.R. No. 292 of 2007 and the same is dismissed as withdrawn. 5. The house rent revision petition is disposed of accordingly. No order as to costs.