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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED TI-IIS THE 13TH DAY OF OCTOBER, 2009
B E F O R E
THE HON'BLE MR. JUSTICE BSREENIVASE
H.R.R.P. No. 179 of 2009 (Evi}--*.,'::" O
BETWEEN:
Sir. Mukeshkumar,
Aged about 30 years,
W/o. ShanthiIa1JaiI1,
M/S. Pooja Enterprises,
Shop No.5, No.12/1, _ -_
New Corporation No.1E-._2'}'«.4, 5 . ~ V '
Katriguppe Main. road, ' 'O O' ;
B.S.K. 3rd Stage, E
Bangalo1'e--56VO
* _ ; »-- _ PETITIONER
{By s;:, H. R". Manjune_tha, Adv.)
I
Aged'abou"tf years,
W/ox Sri'. 'S, 'V. Srirama Reddy,
v._PreseI:tly"; residing at No. 12/ 116,
. 2"? Cross, Kaverinagar,'
"«.'Katriguppe Main Road,
]E3~..S'.K. SIG Stage,
E Banga1ore-56O 085.
RESPONDENT
2
(By Sri. S. K. Srinivasa for Caveator Respondent)
*=!==!=**
This HRRP flied U/s 46(1) of KR Act, agd:ee§etfthe
order dated: 14.08.2009 passed in HRC No_.§_f’//«2’008:_.vo11_
the file of the IX Add}. Judge, court of ”
Member, MACT-7, Bangalore, rejecting pe.titio-n’fi1ed by t_h€’g
petitioner there in U/sec 27[2′){a]{C}« of K.R’;«__Act7=ar’1d T
aliowing the petition filed by the’;petiti::ne1i_t’hereinf’eeU fsec
27(2]{1′)0fthe K.R. Act. _ 0″‘ ‘
This HRRP Corning on for Admission, this
day, the Court, Passed. . . the xfellofwingiz
This is tenant chalienging
the oridex’-_of -dt.’14-8~09 in allowing the
eviction pet1t1dh”‘fiied – the landlady and directing the
tenanptdyto vacate over vacant possession of the
0″: pvfemiseis ‘ to landlady.
For the sake of convenience. parties are
as they are referred to in the HRC before the
tfial -Court.
%
3. The respondent — landlady brought an eviction
petition in HRC No.1′?/08 seeking evictions;oigthe
petitioner — tenant under Sec.27[2}[c)
Karnataka Rent Act, 1999, herei_na_fter re”fe’rred. the »
Rent Act for short. It was resisted t’he’ti’t.enant:
detailed statement of objectio_n’s…V’ The stipportt
of her case examined herself “.?.,.R.VJ3,t§ura1idhar
as P.W.2 and producedti are marked as
EX.P.1 to The of his defence
examined produced 3 documents
which The trial Court by
impugned: eviction petition under Sec.
27(2}:(a–] ” oefhvethe Act and aiiowed it under Sec.
e t”i27(2-fit) the Aetdehd directed the tenant to quit and
A’ha.nd.ptoVerflv;af:a:?1t possession of the premises in favour of
the”1and’Iadj,9″\$athin two months from the date of the order.
Vtpphtfiektggrieved by the same, the tenant is before this Court.
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4. There is no dispute between the parties with
regard to their relationship as landlady and tenant and
the rate of rent is Rs.2,960/- p.m. as of now and receipt of
advance of Rs.50,000/- by the landlady
The premises in question is a Commercial premise_s.. in
5. The learned Counsel T
after arguing the matter forisome agreeVd_t_o resoirxeli»
the dispute by settlement. ,learriedl_:Coulfnse1 after
negotiating the matter”‘–.ii*i _tl”i–e their respective
parties and arrived :at”‘»a:”gfixrhereunder, the
landlady has years time to the tenant to
vacate and hand’ over ” vacant possession of the premises.
g_ The»*’tena’1itV has ‘*ag_1feevd to take the said time and vacate
-.ha~;r_id oiIer.._Vacant possession of the premises to the
maiady; W
T Accordingly, this petition is disposed of subject
A “it following terms and conditions.
&
1)
iii)
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The petitioner — tenant is granted 2 years time
to quit, vacate and deliver the vacant
possession of the petition schedule premises in
favour of the landlady.
Two years time granted to the
to payment of rent _and e1éetr’ieAit;y ‘”charges’V
regularly as and when ‘[l,f1e’yj?l5€?.(2.’0.I’IV1″EE”dV1::1s’§ and
payable.
It was also _agreed__hetwe.en the that the
enhancement of rent ~ this two year
period is at the iijateof expiry of every
one year asfhas _l;:-eendone earlier.
* T’he”te:frant vlisadireeted to quit, vacate and hand
over vaeat1t– possession of the petition schedule
premises to ‘the landlady on or before 31st
()ctoloer””:20ll voluntarily without giving room
the landlady to file an execution petition.
the period of two years time granted by
the landlady to the tenant, the tenant should
not create third party interest in respect of the
petition schedule premises or change the
nature of the premises.
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vi}
vii)
During the period of two years time granted by
the iandlady in favour of the tenant, landlady
is directed not to cause any of
interference with the posse«ssion__’__i’ and
enjoyment of the petition scheduIe._:pre_rni’sesthy’V’
the tenant.
Landlady shad} return”
Rs.50,000/– to Vdthe-..__tena’nt tjenant
vacating the petition” sob edu 1e’ prernises.
viii) The redirected to file an
undertaking” an affidavit
incor” “o1ati”ri: ” above tertr1s’;’*
In View of matter, application
for stay’ does ‘inot__yA S1 “1’or.__C:0nsideration.
Sd/-
]U%E
