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2012 DIGILAW 345 (KAR)

M. G. Manjula v. B. Veerendrakumar

2012-04-11

H.G.RAMESH

body2012
ORDER H.G. Ramesh , J.—The revision petition by the tenant is directed against the order dated 22nd February, 2012 passed by the Court of the District Judge, Chamarajanagar, in R.R. No. 2/2011. By the impugned order, the learned District Judge has dismissed the revision petition filed by the petitioner against the order of eviction dated 21st April, 2011 passed by the Trial Court, namely, the Court of the Additional Civil Judge and JMFC, Chamarajanagar in HRC No. 1 of 2009. Learned Counsel appearing for the petitioner/tenant, after arguing the matter for some time, prays that the revision petition may be disposed of by granting time to the petitioner till 31st March, 2013 to voluntarily vacate and to deliver vacant possession of the petition premises to the respondent/landlord. He further submits that the petitioner/tenant will pay Rs. 1,000/- (Rupees One Thousand only) per month as damages to the respondent for the use and occupation of the petition premises for the period commencing from 1st April, 2012 till the end of 31st March, 2013 and the payment will be made before 10th of every succeeding month. 2. Learned Counsel appearing for the respondent/landlord fairly submits that the respondent has no objection for disposal of the revision petition in terms suggested by the Learned Counsel for the petitioner. 3. In view of the above, I make the following order.-- (a) the petitioner/tenant is granted time till the end of 31st March, 2013 to voluntarily vacate and to deliver vacant possession of the petition premises to the respondent/landlord subject to condition that she files an undertaking by way of an affidavit before the Trial Court within six weeks from today to the effect i) that she would voluntarily vacate and deliver vacant possession of the petition premises to the respondent/landlord on or before 31st March, 2013; (ii) that she will regularly pay damages at the rate of Rs. 1,000/- (Rupees One Thousand only) per month as stated above to the respondent/landlord for the period commencing from 1st April, 2012 till the end of 31st March, 2013; and (iii) that she will not induct any third parties into the petition premises; (b) if the petitioner fails to file the undertaking in the aforesaid terms before the Trial Court within the time stipulated or commits breach of the undertaking given, it shall be deemed that no time had been granted by this Court to vacate the petition premises and in that event, the respondent/landlord is at liberty to execute the order of eviction impugned herein. 4. The revision petition stands disposed of in the above terms.