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2012 DIGILAW 663 (KAR)

N. Jayaprakash v. C. S. Shivakumar

2012-08-13

N.ANANDA

body2012
ORDER N. Ananda, J.—When the matter is taken up for hearing, petitioner (tenant) and respondents (landlords) have filed a joint memo of compromise under Order 23, Rule 3 of the Civil Procedure Code, 1908 reading as hereunder: (1) The petitioner herein agrees to vacate the suit premises and hand over the possession of the suit premises to the respondents by 13th August, 2014 and further agrees that he will pay enhanced rent of Rs. 5,000/- (Rupees Five Thousand only) per month to the commercial suit premises regularly commencing from this 1st August, 2012 to 13th August, 2014. The petitioner agrees that even for a default of payment of rent for any one month, the extension of the time seizes on that day itself, for which the petitioner and respondents admits, and the petitioner shall hand over the vacant possession with key of the premises to the respondents on 13th August, 2014 and the petitioner agrees to seek any further extension of time before this Hon'ble Court or before the respondents. (2) Further the petitioner undertakes that, he will not alienate the suit property to anyone by sale or lease, mortgage or sub-let or any kind of transfer and declares that any such attempt made by the petitioner will not create any right on the transferor or transferee, in violation of this conditions also the extension time seizes on that day itself. (3) The petitioner and the L.Rs of the 1st respondent, a widow on her behalf and on behalf of the minor children Lakshitha Prem and Master Dhruvan Subramaniyam, the mother as minor guardian and other respondents 2 and 3, also agrees to the above terms of the compromise memo as 1st respondent is a widow and badly in need of the suit schedule premises for her livelihood hence the respondents agrees to receive Rs. 5,000/- per month commencing from 1st August, 2012 and also agreed for extension of two years time which ends on 13th August, 2014 on condition that the petitioner should not violate the terms of this compromise, if he violates any terms of this compromise, the time granted to him to vacate the premises will be seized on the day of violation. (4) The rent amount deposited by the petitioner before this Hon'ble Court in the above matter, kindly may be ordered to withdraw by the 1st respondent's wife Smt. Manjula S. wife of Late C.S. Shivakumar and other respondents have no objection also the petitioner agrees to permit the 1st respondent-Manjula to withdraw the rent amount deposited by him. (5) The petitioner agreed that he will pay the rent of Rs. 5,000/- per month regularly by 1st day of every month, on single default of payment of rent, the petitioner losses the extension of time granted and agrees to vacate the premises on the same day. (6) With these above terms both petitioner and respondent entered into this compromise. Wherefore both the petitioner and respondents pray to this Hon'ble Court please to dispose of the above petition and draw decree accordingly in terms of the compromise petition in the interest of justice and equity. The petitioner/tenant has filed an undertaking affidavit reading as hereunder: I, N. Jayaprakash, s/o late V. Narayanajettappa, aged about 58 years, R/at No. Anugraha Stores, Big Bazaar Street, Chamarajanagar Taluk and District, today at Bangalore, do hereby solemnly affirm and state on oath as follows.- 1. I submit that I am the petitioner in the above and know the facts and circumstances of the case. 2. I submit that, the time granted to vacate the schedule premises 2 years from today i.e. from 13-8-2012 to 13-8-2014. 3. I submit that, the rent fixed for the schedule premises is Rs. 5,000/- per month from today till the date of vacating the schedule premises. 4. I submit that I am undertaking that, I will vacate the schedule premises on or before 13-8-2014. 5. I submit that, I will not induct any person or sublet the schedule premises to any person till I vacate the schedule premises and hand over the same to the respondents. What is stated above are true and correct to the best of my knowledge, information and belief. 2. The petitioner, respondent 1 (on her behalf and on behalf of her minor children), respondent 2 and have signed the compromise petition. The learned Counsel for petitioner and respondents have also signed the compromise petition. The joint memo of compromise and the undertaking affidavit are accepted. 3. The revision petition is disposed of in terms of the joint memo of compromise and undertaking affidavit as aforestated. The learned Counsel for petitioner and respondents have also signed the compromise petition. The joint memo of compromise and the undertaking affidavit are accepted. 3. The revision petition is disposed of in terms of the joint memo of compromise and undertaking affidavit as aforestated. The amount deposited by petitioner-tenant shall be paid to respondent 1(a) namely, Manjula.