High CourtsSingle Bench(2011) 03 KAR CK 0252

Sri G.K. Ganapathy Reddy vs Sri K. Sreeramulu

Karnataka High Court · Decided on 11 March 2011

HON’BLE JUDGES
Ashok B. Hinchigeri, J
CASE NUMBER
Regular First Appeal No. 61 of 2011

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Judgment

12 paragraphs · 297 words

Ashok B. Hinchigeri, J.—This appeal is directed against the judgment and decree dated 9/11/2010 passed by the court of 12th Addl. City Civil and Sessions Judge Bangalore city in O.S. No. 4995/2009, The Respondent''s suit for ejectment and enquiry regarding mesne profits is decreed.

2.

It may not be necessary to advert to the facts of the case as the Appellants side has come forward to raise the rent to Rs. 25.000/- per month and to vacate the suit schedule property by taking one year''s time. The Respondent''s side initially resisted it by contending that the Appellant he directed to vacate the suit schedule property taking six months time.

3.

On hearing the learned Advocates, this Court is of the considered view that ends-of justice would he met by passing the following order:

ORDER

i. The Appellant shall vacate the suit schedule premises and hand over its vacant possession to the Respondent on or before 11/3/2012.

ii. The Appellant shall pay the rent at the rate of Rs. 25.000/- per month w.e.f March 2011. The Appellant shall keep on paying the rent at the rate of Rs. 25,000/- per month, as and when the rents fell due till he vacates the suit schedule (sic).

iii. The arrears of rent if any shall be cleared by the Appellant within 2 weeks from today.

iv. The Appellant shall not induct any third, thirty into-suit schedule properly.

v. The Appellant shall file an affidavit, within two weeks from today undertaking to abide by the terms stipulated herein above.

vi. Should the Appellant default in adhering to any of the Respondent to initiate the proceedings for executing the decree.

4.

Appeal is accordingly disposed of modifying the judgment and decree under appeal in the above terms.

No order as to costs.