Prakash Kumar, Sri P. Kishore Kumar, Sri P. Lalith Kumar and Smt. Lachi Bai vs C.A. Venkatachalapathy Since Deceased by his LRS, C.V. Suresh Setty, C.V. Srinivas Setty, C.V. Mahesh Setty and Smt. Geetha Murthy

H.G. Ramesh, J.—These two revision petitions by the tenants are directed against the two orders dated 02.12.2008 passed by the Revisional Court - tine Court of the III Additional District and Sessions Judge, Mysore in Revision (Rent) Nos. 17/2007 & 16/2007. By the impugned orders; the, Revisional Court has dismissed the revision petitions filed by the petitioners by confirming the order of eviction dated 23.12.2006 passed by the trial court - the Court of the I Additional I Civil Judge (Jr.Dn.), Mysore in H.R.C. Nos. 59 & 60/2005.

I have heard the learned Counsel appearing for the parties and perused the impugned orders.

Sri T.N. Raghupathy, learned Counsel appearing for the petitioners/tenants submits that these two revision petitions may be disposed of by granting time till 31st March 2011 to the petitioners/tenants to voluntarily vacate and to deliver vacant possession of the petition premises in H.R.C. Nos. 59/2005 & 60/2005 to the respondents/landlords. He further submits that the petitioners/tenants are willing to pay a monthly rent of Rs. 4,500/- (Rupees Four Thousand Five Hundred only) to the respondents/landlords relating to the petition premises in H.R.C. Nos. 59 & 60/2005 for the period commencing from 18t April 2009 to 31 March 2011. He submits that the petitioners have paid/deposited the entire arrears of rent for the period ending March 2009.

Sri S.P. Kulkarni, learned Counsel appearing for the respondents/landlords fairly submits that the respondents have no objection to dispose of these revision petitions in terms suggested by the learned Counsel for the petitioners.

Learned Counsel appearing for the respondents submits that for the purpose of convenience, the monthly rent for the period commencing from 1st April 2009 to 31st March 2011 relating to the petition premises in H.R.C. Nos.59/2005 & 60/2005 may be directed to be paid to respondent No. 1-Sri C.V. Suresh. Accordingly, Sri T.N. Raghupathy, learned Counsel appealing for the petitioners submits that the petitioners would pay the rent to respondent No. 1-Sri C.V. Suresh; His submission as placed on record.

In view of the above, make the following order:

a) the petitioners/tenants are granted time till 31st March 2011 to voluntarily vacate and to deliver vacant possession of the petition premises in H.R.C. Nos. 59/2005 & 60/2005 to the respondents/landlords subject to condition that the petitioners file their individual undertaking by way of affidavits to this Court within six weeks from today to the effect (i) that they would voluntarily vacate and deliver vacant possession of the petition premises in H.R.C. Nos. 59/2005 & 60/2005 to the respondents/landlords on or before 316t March 2011; (ii) that they would regularly pay to respondent No. 1- Sri. C.V. Suresh a monthly rent of Rs. 4,500/- (Rupees Four Thousand Five Hundred only) relating to the petition premises in H.R.C. Nos. 59/2005 & 60/2005 for the period commencing from 1st April 2009 to 31th March 2011; and (in) that they would not induct any third parties into the petition premises;

b) if the petitioners fail to file their undertaking in the aforesaid terms within the time stipulated or commit breach of the undertaking given, it shall be deemed that no time had been granted by this Court to vacate the petition premises in H.R.C. Nos. 59/2005 & 60/2005 and in that event, the respondents/landlords are at liberty to execute the orders impugned herein;

c) subject to the above, the orders impugned herein shall stand affirmed.

The revision petitions stand disposed of in the above terms. The amount lying in deposit with this Court is permitted to be withdrawn by respondent No. 1 as prayed for.

Revision Petitions disposed of.