SRI SUBRAMANYA SHAMBU HEGDE v. SRI S.G. SHAMANNA
Case at a glance
Outcome
Disposed of
The revision petition stands disposed of in the
Provisions considered
- Karnataka Rent Act, 1999 ss. 27(2)(r), 31(1)(c)
- Bharatiya Nyaya Sanhita, 2023
Key paragraphs
- Para 33. Learned Counsel appearing respondent/landlord fairly submits respondent/landlord has no objection for disposal of the revision petition in terms suggested by the learned Counsel for the petitioner. H.R.RP.No. 14 OF 2012 -4- In view of the above. I make the following order: a) the petitioner/tenant…
Judgment
SRI S.G. SHAMANNA S/0 GURUSJDDAPPA AGED ABOUT 65 YEARS RESIDING AT NO.300/i 2ND MAIN, SAMPIGE ROAD SIDDASHRAMMA CROSS BETWEEN 16T11 & 17T11 CROSS MALLESWARAM BANGALORE - 560 003 . RESPONDENT . . (BY SRI RAJESHWARA RN., ADVOCATE) HRRP IS FILED UNDER SEC.46(1) OF THE KARNATAKA RENT ACT AGAINST THE ORDERS DATED: 18.11.2011 PASSED IN HRC NO.253/2009 ON ThE FILE OF THE XVI ADDL. JUDGE, COURT OF SMALL CAUSES, BANGALORE, ALLOWING THE PETITION FILED U/O 27(2)(r) & 31(1)(c) OF K.R. ACT. HRRP COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: H.R.R.P.No. 14 OF 2012 -2- ORDER H.G..RAMESH, J. (Oral): By the impugned order, This Revision Petition by the tenant is directed against the order dated 18th November 2011 passed by the trial Court in the eviction proceeding in HRC the trial No.253/2009. Court has allowed the eviction petition filed by the respondent/landlord under Sec.27(2)(r) & 31(1)(c) of the Karnataka Rent Act, 1999 and has granted three months’ time to the petitioner to quit and deliver the petition premises to the vacant possession of respondent/landlord. appearing Counsel Learned
petitioner/tenant submits that the Revision Petition may be disposed of by granting three years’ time, i.e., till the end of 31St March 2015 to the petitioner voluntarily vacate and to deliver vacant possession of the petition premises to the respondent/landlord. He H.R.R.P.No.14 OF 2012 -3- submits petitioner/tenant will Rs. 10,000/- (Rupees Ten Thousand only) per month as damages to the respondent/landlord for the use and occupation of the petition premises for period commencing from 1 St April 2012 till the end of 31St March 2015, through crossed Bank demand draft drawn in favour of the respondent/landlord and the payment will be made before 10th of every succeeding month. He submits respondent/landlord has already paid the advance amount which was lying in deposit with him to the petitioner! tenant and the respondent/landlord is not liable to pay any amount to the petitioner/tenant.
Operative part
Learned Counsel appearing respondent/landlord fairly submits respondent/landlord has no objection for disposal of the revision petition in terms suggested by the learned Counsel for the petitioner. H.R.RP.No. 14 OF 2012 -4- In view of the above. I make the following order: a) the petitioner/tenant is granted time till the end of 31 St March 2015 to voluntarily vacate and to deliver vacant, possession premises petition subject respondent/landlord condition that he files an undertaking by way of an affidavit before the trial Court within six weeks from today to the effect that he will voluntarily vacate and (1) deliver vacant possession of the petition premises to the respondent/landlord on (ii) that he or before 31St March 2015; will regularly pay damages at the rate of (Rupees Ten Thousand Rs.10,000/- only) period respondent/landlord commencing from 1st April 2012 till the end of 31St March 2015 through crossed Bank demand draft drawn in favour of respondent/landlord payment will be made before every succeeding month; and (iii) that he will not induct any third parties into the petition premises; 10th of H.R.R.P.No.14 OF 2012 -5- b) petitioner aforesaid undertaking in before the trial Court within the time stipulated or commits breach of it shall be deemed undertaking given, that no time had been granted by this to vacate the petition premises Court liberty to respondent/landlord is execute the order of eviction impugned herein. event, c) subject to the above, eviction impugned the order herein stands affirmed. The revision petition stands disposed of in the above terms BNS
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The revision petition stands disposed of in the
Which statutory provisions did this judgment involve?
Karnataka Rent Act, 1999 — ss. 27(2)(r), 31(1)(c); Bharatiya Nyaya Sanhita, 2023.
Which court decided this case, and when?
Karnataka High Court, on 18 Nov 2011. The bench was H G RAMESH.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.