Smt. Vani G. vs Smt. Mamatha Upoor Adiga

Huluvadi G. Ramesh, J.—Heard the learned counsel for the parties. The petitioner-herein being the defendant before the Small Causes Court Mayo Hall in case No. 15401/12 suffered an order of eviction by order dated 11.6.2013. On the matter being contested, the Trial Court having raised four issues for determination held that there is a relationship between the plaintiff and defendant as that of landlord and tenant. There is termination of tenancy and there is also an issue for determination of mesne profits. The petition schedule premises is a residential premises in Flat No. 10, 3rd Floor, 60/11, ''Sri Gurupriya Residency'', Near Jyothi Kendriya Vidyalaya, Kanakapura Main Road, Yellachenahalli, Bengaluru.

The difficulty submitted by the defendant is that the defendant�s son is studying in 10th Standard in CBSE Scheme and is already half way through the academic year. If they are evicted, they find it difficult to find an alternative accommodation immediately and therefore, requested for extension of some more time.

There is no illegality in the order passed by the Trial Court in passing an order of eviction. However, confirming the order of eviction, the petitioner is given time till May 31, 2014 to vacate and deliver vacant possession of the petition schedule premises subject to filing an undertaking to that effect on or before 31.5.2014 she will vacate and she shall pay a monthly rent of Rs. 6,500/- (Rupees six thousand five hundred only) from 1.10.2013 till 31.5.2014 and shall pay all rental dues and arrears within eight weeks. The undertaking to the above effect shall be filed within eight weeks. The petition is disposed of accordingly.