I IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 12” DAY OF AUGUST, 2011 BEFORE THE HON’BLE MR. JUSTICE JAWAD RAHIM HRRP No. 273 OF 2010 BETWEEN: 1. PARASMAL, 5/0 MISRIMAL AGED ABOUT 66 YEARS, SHAH PARMAL PREMRAJ & CO., OLD NO.7, LATER RENUMBERED AS NO.11, PRESENT NO.91 A.M LANE, CHICKPET CROSS, BANGALORE - 560 053 2. KAMAL KUMAR, AUAS KAMALESH KUMAR, Sb PARASMAL, AGED ABOUT 35 YEARS, R/AT NO.7, LATER RENUMBERED AS NO.11, PRESENT NO.91 GROUND FLOOR, A M LANE, CHICKPET CROSS, BANGALORE - 560 053 PETITIONERS (BY SRI S.SHAKER SHtnY, ADV.,) AND: SMT.SHANTHALAKSHMI, W/OSCRAJU, AGED ABOUT 51 YEARS, RESIDING AT NO.91, I & II FLOORS, A M LANE, CHICKPET CROSS,BANGALORE - 560 053 RESPONDENTS (BY SRI K.T.GURUDEVA PRASAD, ADV.,) UI HRRP FILED U/S 46(1) OF THE KARNATAKA RENT ACT 1999, AGAINST THE ORDER AND DECREE DATED 23-07- 2010 PASSED IN HRC NO.88/2003 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, BANGALORE, ALLOWING THE Pt I i i iON FILED UNDER SEC.27(2) (a) OF KARNATAKA RENT ACT. THIS PtTi I iON IS COMING ON FOR HEARING THIS DAY, ThE COURT MADE THE FOLLOWING:- ORDER This revision, under Section 46 of the Karnataka Rent Act, is directed against the order dated 23-07-2010 in HRC 88/2003 on the file of the Chief Judge, Court of Small Causes, Bangalore, directing the petitioner to vacate the schedule premises. 2. At the hearing of the petition today the parties along with their learned counsel are present. They report settlement of dispute amongst them and file an application under Order XXIII Rule 3 of the Code of Civil Procedure, 1908, incorporating terms of settlement. 3. The terms agreed upon are as follows: “a. The petitioners admit that the respondent herein requires the premises O3- 3 for her own use and occupation and they have no objection in confirming the order of eviction if time is granted till 31-01-2013 to quit, vacate and deliver the vacant possession of the property. b. The respondent herein agrees that the petitioner may be granted time till 31-01- 2013 to quit, vacate and deliver the vacant possession of the premises to the petitioner. c. The petitioners undertake to pay future rent I damages regularly as and when It accrues on or before 10 th of each succeeding English calendar month. If the petitioners commit consecutive default for three months, irrespective of the time granted, the respondent is at liberty to execute the eviction order and take possession. d. It is agreed that the petitioner will not sublet the premises and maintain the building in tenantable condition subject to natural wear and tear and deliver the premises to the respondent. 4 e. It is agreed that at the time of redeiivering the possession of the schedule property, the respondent hereby undertakes to refund a sum of Rs.2 iakhs paid by the petitioners to Smt.Gowramma in lieu of the agreement to purchase the property on 10-11-2001 and the petitioners herein hereby give up their right for specific performance of the agreement to sell on receipt of Rs.2 lakhs at the time of delivering the possession. The payment of said Rs.2 lakhs is condition precedent to deliver the possession to the respondent. f. It is agreed that the Petitioners will deliver the vacant possession on or before 31-01-2013 without the intervention of the court and petitioners hereby undertake to file a separate affidavit of undertaking to this affidavit.” 4. The parties admit execution of the compromise petition and the terms. I am satisfied the terms are lawful. In the result the petition Is disposed of In terms of the compromise arrived between parties. Subject to the terms enumerated above the order of eviction is confirmed. However, petitioners are granted time till 31-01-2013 to 5 quit, vacate and deliver vacant possession of the schedule premises subject to other conditions indicated above. Petitioners have also filed affidavit undertaking to comply with the terms of the compromise and to vacate the schedule premises voiuntariiy without compeiiing respondents to take coercive steps. Further, the respondents are permitted to withdraw the amount deposited by the petitioner in court towards rent. Petition is disposed of in terms of compromise. No costs. Sd/a JUDGE VK