High CourtsSingle Bench(2012) 09 KAR CK 0023

Mr. S. Shivashankarappa vs Mr. G. Nagaraju

Karnataka High Court · Decided on 13 September 2012

HON’BLE JUDGES
N. Ananda, J
CASE NUMBER
H.R.R.P. No. 113 of 2012 (EVI)

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Judgment

12 paragraphs · 279 words

N. Ananda

1.

When the matter is taken up for hearing, petitioner-tenant has filed an affidavit, reading as hereunder:-

AFFIDAVIT

I, Mr. S. Shivashankarappa, S/o late S. Manappa, Aged about 71 Years, Residing at No. 404, E.W.S. K.H.B. Colony, Koramangala, 5th Block, Bangalore-92, do hereby solemnly affirm and state on oath as follows:-

1.

I am the petitioner in the above case I know the facts of the case. I am swearing to this affidavit.

2.

I state that I undertake to vacate the schedule premises without any defence within 9 months from today.

3.

I further undertake to pay Rs. 5,000/- per month for the above stated 9 months to the respondent.

Wherefore, I pray that this Hon''ble Court may be pleased to accept this affidavit and take the same on record, in the interest of justice and equity.

Verification:

I the deponent to hereby verify and declare that what is stated above is true and correct.

The respondent and Learned Counsel for respondent-landlord submit that affidavit may be accepted.

2.

The affidavit is accepted. The impugned order of eviction is confirmed. The petitioner-tenant shall vacate and deliver vacant possession of suit schedule premises to respondent-landlord on or before 14.06.2013. Hence forth, petitioner-tenant shall pay rent at the rate of Rs. 5,000/- per month regularly. If petitioner-tenant commits default in payment of rent, the benefit of time granted in terms of this order stands revoked. The petitioner-tenant shall not create third party interest or induct third party into suit schedule premises. The petitioner-tenant shall not drive respondent-landlord to execution proceedings. The arrears of rent deposited by petitioner-tenant shall be paid to respondent-landlord. The petition is disposed off accordingly.