Smt. G.S. Gangamma vs Sri T.P. Srinivasa Murthy Setty

Ashok B. Hinchigeri, J.—This appeal is directed against the judgment and decree, dated 30.6.2010 passed by the Court of XXII Addl. City Civil Judge (CCH-27), Bangalore in O.S. No. 8374/2007.

The parties have reported the settlement. In this regard, a joint memo duly signed by both the parties and their respective learned advocates is filed. The same is taken on record. It reads as follows:

The parties to the above appeal submit that the matter in dispute in the above appeal is amicably settled between the parties at the intervention of the Court and the well-wishers of both the parties in the following manner.

The Appellant/tenant has agreed to vacate and deliver vacant possession of the suit schedule property to the Respondent/landlord on or before 31.8.2013 and has also agreed to pay the enhanced rent/damages @ Rs. 1,600/- (Rupees One Thousand Six Hundred only) per month with effect from 1.3.2011, payable on or before 10th of the succeeding month.

The Respondent/landlord submits that he has no objection to grant time upto the end of August 2013 (i.e., 31.8.2013) to the Appellant/tenant to vacate and deliver vacant possession of the suit schedule property to the Respondent/landlord and has agreed to receive the rent/damages @ Rs. 1.600 per month from the Appellant/tenant with effect from 1.3,2011, In case of default of payment of rent, the Respondent is entitle to execute the decree by expiry of time granted.

The Appellant shall not sublet or induct any third party.

Therefore under the circumstances, the parties to the above appeal pray that this Hon''ble Court be pleased to dispose of the above appeal in terms of the compromise, in the interest of justice and equity.

The Appellant Smt G.S. Gangamrna and the Respondent Sri T.P. Srinivasa Murthy are present before the Court. They are identified by their respective learned advocates and their signatures are also identified by their respective learned advocates. They state that they have entered into this settlement of their own volition and without any duress from anybody.

Recording the compromise, this appeal is disposed of. The judgment and decree under appeal stands modified in terms of the joint compromise petition.

No order as to costs.