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Judgment
Huluvadi G. Ramesh
This appeal is by the plaintiffs challenging the judgment and decree dated 27.6.2011 passed by the XXVI Additional City Civil Judge, Bangalore, in O.S.No.26585/2007 in dismissing the suit.
A compromise petition is filed under Order XXIII Rule 3 of CPC by the appellants and it is signed by both the parties along with their respective counsel, which reads as under:
The respondent herein hereby unconditionally withdraws all the objections raised by him against the ejectment suit filed by the appellants herein in O.S. No.26585/2007 without prejudice to any of the contentions raised in connection suits OS No.26583 of 2007, OS No.26584 of 2007, O S 26586 of 2007 and O S 26594 of 2007 and he hereby concedes appellants are the full and absolute owners of the property and he is a tenant under them.
It is agreed that the amount in deposit in the trial court towards rent may be paid to the appellants herein which is deposited in O S No.26585/2007 on the file of the City Civil Judge, Mayo Hall, Bangalore.
It is agreed that the appellants should grant respondent to quit, vacate and deliver the vacant possession of the schedule premises on or before 31.03.2019.
It is agreed that the parties from the date of this compromise petition till the date of delivery of possession of schedule premises the respondent should pay a sum of Rs.4,600/- per month as damages for wrongful use and occupation of the same.
The Respondent has paid initial security deposit of Rs.80,000/- and a sum of Rs.50,000/- on this day as additional security deposit. It is agreed between the parties that at the time of vacating and delivering the vacant possession of the schedule premises, the appellants should refund a sum of Rs.1,30,000/-, to the respondent being the advance amount received by them subject to deduction of arrears, if any.
It is agreed between the parties that the respondent should pay the monthly damages on or before the 10th of the each succeeding month. If he commits default for continuous two months irrespective of the time granted in this compromise petition., the appellants are at liberty to execute the decree and take possession.
It is agreed between the parties that the respondent shall not sublet or underlet or deliver the possession of the schedule premises in favour of third parties under any guise.
It is agreed between the parties that if the respondent commits any breach of any of the terms narrated above, appellants are at liberty to execute the decree and take back possession of the schedule premises forthwith.
WHEREFORE, both the parties pray that this Hon''ble Court may be pleased to modify the decree passed by the trial court by passing the Decree for ejectment in respect of the schedule premises against the respondent allowing the suit in OS No.26585/2007 on the file of the City Civil Judge, Mayo Hall, Bangalore, in terms of this compromise petition.
SCHEDULE
All that piece and parcel of the immovable property bearing No. 138, being ground floor double corner shop, situated at Dharmaraja Koil Street, Shivajinagar, Bangalore - 560001;
Measuring East to West 19 feet
North to South 18 feet 6 inches
And bounded on the:-
East by
Appellants'' property
West by
LubbayMasjid Street
North by
DharmarajaKoil Street
South by
Private Property
In terms of the compromise petition, the appeal is disposed of. No costs.
Office is directed to refund the entire court fee to the appellant.