Vazeerjan vs N.S. Eshwaraiah

N. Ananda

1.When the matter is taken up for hearing, petitioner, Learned Counsel for petitioner, respondent, Learned Counsel for respondent have filed a joint memo reading as hereunder:

The appellant and respondent most respectfully submits that this Hon''ble Court be pleased to take on record Joint Memo in the above case, as both parties agreed to the following terms and conditions in respect of the schedule premises in dispute, on interference of friends and relatives for the good of the landlord and tenant voluntarily filing Joint Memo without any coercion. The appellant and the respondent in the above case begs to submit terms and conditions as follows:-

The appellant/tenant herein agree to vacate the premises on 31.10.2013 or before the agreement time and without seeking any further extension of time or causing any obstruction and the landlord can claim damages if any during the occupation of the premises.

The tenant/appellant agrees to pay an enhanced rent of Rs. 1,500/- (Rs. One Thousand Five Hundred only) per month from 3.10.2012 till the date of vacating the premises i.e., 31.10.2013 and subject to condition that the appellant to deposit the arrears of rent from 10.12.2011 to 10.09.2012 amounting to Rs. 5,000/- (Rs. Five thousand only) within 15 days.

The respondent/landlord have the liberty to file a memo of recall the order passed by this Hon''ble High Court be reserved, in case the tenant fails to pay rent for two consecutive months on or before 5th day of each calendar month till the date of vacating the premises.

The arrears of rent of Rs. 26,240/- deposited by the appellant before the Hon''ble Civil Court of Karnataka, Bengaluru be permitted to withdraw the same by the landlord/respondent.

Wherefore, both the parties request this Hon''ble Court be pleased to dispose of the above matter on agreed terms and conditions, the same be taken on record to meet the ends of justice and equity.

They admit the contents of joint memo. The joint memo is accepted.

In terms of the joint memo, petitioner-tenant shall deposit the arrears of rent of Rs. 5,000/- within 15 days from today and henceforth, he shall pay rent at the rate of Rs. 1,500/- p.m. The trial Court shall pay to respondent-landlord a sum of Rs. 26,240/- deposited by petitioner-tenant. The time granted by the trial Court is extended. The petitioner-tenant shall vacate and deliver vacant possession of schedule premises to respondent landlord on or before 31.10.2013. As the advance paid by petitioner-tenant to respondent-landlord has been adjusted towards arrears of rent, petitioner-tenant shall not claim any advance at the time of vacating schedule premises. The petitioner-tenant shall not create any third party interest, he shall not drive respondent landlord to execution proceedings. If petitioner-tenant were to commit default in payment of arrears of rent of Rs. 5,000/- within 15 days from today or payment of rent at the rate of Rs. 1,500/- p.m. henceforth, the benefit of time granted to him stands revoked. The petition is accordingly disposed of.