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Karnataka High Court · body

2014 DIGILAW 1060 (KAR)

B. PRASAD v. P. S. UDAYAKUMAR

2014-12-09

ARAVIND KUMAR

body2014
ORDER This is a tenants’ revision petition directed against order dated 30.08.2014 passed in H.R.C.10005/2013 by V Additional Small Cause Judge, Bangalore allowing the petition filed under section 27(2)(r) of Karnataka Rent Act, 1999 and directing the revision petitioners herein to quit, deliver and hand over vacant possession of petition schedule premises to respondent-landlord by granting 60 days time from the date of order. 2. Learned counsel appearing for revision petitioners after arguing the matter for sometime had sought for reasonable time to vacate petition schedule premises. To enable the learned counsel to file necessary affidavit in that regard matter came to be adjourned to 04.12.2014. On the next date of hearing i.e., 05.12.2014 affidavit of undertaking came to be filed by the revision petitioners and same placed on record. It was noticed that revision petitioners were not present before court in person. Hence, to ascertain as to whether said affidavit of undertaking has been filed by the revision petitioners voluntarily without any force, threat or coercion, a learned member of Bangalore Bar was appointed as court commissioner namely Ms.Musrath Tabassum, Advocate since learned counsel submitted that both the petitioners are not keeping good health and pleaded their inability to be present in person. She has filed a report and same is placed on record. 3. Perusal of the court commissioner’s report would indicate that she has visited the house of petitioners/deponents at 11 A.M on 07.12.2014 and enquired with the petitioners regarding affidavit of undertaking filed by them. They have admitted execution of undertaking filed before this court on 05.12.2014 before the court commissioner. 4. In the light of the report filed by court commissioner, I am of the considered view affidavit of undertaking filed by the revision petitioners deserves to be accepted and accordingly accepting the same, I proceed to pass the following: ORDER Revision petition is hereby dismissed by affirming order passed by V Additional Small Cause Judge, Bangalore in H.R.C No.10005/2013 insofar as order of eviction dated 30.08.2014 passed under section 27(2)(r) of Karnataka Rent Act, 1999. However time granted by the trial court is hereby enlarged and six months time is granted to the revision petitioners to quit, vacate and hand over vacant possession of petition schedule premises to respondent-landlord i.e., on or before 31.05.2015 subject to rents being paid regularly and they shall not induct any third party to the petition schedule premises. However time granted by the trial court is hereby enlarged and six months time is granted to the revision petitioners to quit, vacate and hand over vacant possession of petition schedule premises to respondent-landlord i.e., on or before 31.05.2015 subject to rents being paid regularly and they shall not induct any third party to the petition schedule premises. By recording the affidavit of undertaking filed by petitioners, revision petition stands dismissed. No costs.