- 1 - NC: 2025:KHC:10910 RFA No. 248 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 248 OF 2024 (INJ) BETWEEN: SRI. PRADEEP SINGH S/O CHAMPALAL, AGED ABOUT 38 YEARS, BUSINESS AT NO. 435 (OLD NO. 45), GROUND FLOOR, OPH ROAD, JUMMA MASJID ROAD, SHIVAJINAGAR, BENGALURU - 560001 …APPELLANT (BY SRI. KIRAN KUMAR H, ADVOCATE) AND: 1A) 1(B) 1(C) SRI.S. SHIVARAM SHARMA S/O K. SHYAMSUNDER SHARMA, SINCE DECEASED BY HIS LRs SMT BEENA SHARMA W/O LATE S SHIVARAM SHARMA AGED ABOUT 60 YEARS, S AKASH SHARMA S/O LATE S SHIVARAM SHARMA AGED ABOUT 34 YEARS, SMT SHREYA SHARMA D/O LATE S SHIVARAM SHARMA AGED ABOUT 30 YEARS, RESPONDENTS NO.1(A) TO 1(C) R/AT NO. 29, OPH ROAD, JUMMA MASJID ROAD, SHIVAJINAGAR, Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:10910 RFA No. 248 of 2024 BENGALURU - 560001 …RESPONDENTS (BY SRI. S KALYAN BASAVARAJ, ADVOCATE FOR R1[A TO C]) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 31.10.2023. PASSED IN O.S.NO.8312/2022 ON THE FILE OF THE VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE SUIT FOR INJUNCTION AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL JUDGMENT 1. This appeal is by the appellant – tenant (plaintiff) in O.S. No.8312/2022 on the file of VIII Additional City Civil and Sessions Judge (CCH-15), Bengaluru dated 31.10.2023 whereby the said suit filed by the appellant- tenant for permanent injunction and other reliefs against the defendant was dismissed by the Trial Court which decreed the counter claim filed by the respondent – defendant against the appellant-tenant for eviction and mesne profit in relation to the very same suit schedule property. 2. Heard the learned counsel for the appellant – tenant and learned counsel for the respondent – landlord and perused the material on record. - 3 - NC: 2025:KHC:10910 RFA No. 248 of 2024 3. Perusal of the material on record will indicate that the appellant – tenant instituted the aforesaid suit for permanent injunction and other releifs against the respondent – landlord in relation to the suit schedule immovable property. The said suit was contested by the respondent- landlord who sought for dismissal of the suit. In addition thereto, respondent – landlord also putforth a counter claim for ejectment/eviction and arrears of rent in a sum of `7,52,000/- payable by the appellant- tenant to the respondent- landlord and for other reliefs. 4. After completion of pleadings, the Trial Court framed the following issues: 1. Whether plaintiff proves the alleged interference from the defendant? 2. Whether the plaintiff proves that the defendant is interrupting with the electricity supply? 3. Whether the plaintiff is entitled for the relief claimed in the suit? 4. Whether the defendant proves that tenancy of plaintiff was legally terminated? - 4 - NC: 2025:KHC:10910 RFA No. 248 of 2024 5. Whether the defendant proves that the plaintiff is in illegal occupation of the written statement schedule premises? 6. Whether the defendant proves that the plaintiff is in due a sum of `7,52,000/- towards arrears of rent as on 1.2.2023 as claimed in the written statement? 7. Whether the defendant is entitled for the reliefs claimed in the written statement? 8. What order or decree? 5. After contest, the trial Court rejected the claim of the appellant-tenant and upheld the claim of the respondent - landlord thereby dismissing the suit for permanent injunction and decreeing the counter claim for ejectment and arrears of rent in favour of the respondent-landlord by holding as under: Suit of the plaintiff is hereby dismissed. In the circumstances, there shall be no order as to cost. The counter claim of the defendant is hereby decree with cost. The plaintiff is hereby directed to vacate the counter claim schedule premises within 3 months from the date of this order. Failing - 5 - NC: 2025:KHC:10910 RFA No. 248 of 2024 which the defendant is at liberty to recover the possession through due process of law. The plaintiff is directed to pay the arrears of rent of `2,80,000/- along with rent for the period from the date of suit, till the date of vacating the schedule premises. Draw decree accordingly. 6. Learned counsel for the respondent-landlord submits that the appellant is due in a sum of `8 lakhs towards arrears of rent payable by the appellant-tenant to the respondent-landlord as on today. When the matter came up on 07.03.2025 the following interim order was passed: Accepting the reasons assigned in the application, I.A.No.2/2024 is allowed. The learned counsel for the appellant is permitted to implead the LRs of deceased respondent on record. Learned counsel for the appellant is permitted to carry out the amendment and file amended cause title by the next date of hearing. Learned counsel for the appellant submits that appellant would pay a sum of Rs.5,00,000/- to the LRs of respondent on or before 14.03.2025. - 6 - NC: 2025:KHC:10910 RFA No. 248 of 2024 Submission of the learned counsel is placed on record. Re-list on 17.03.2025. 7. In pursuance of the aforesaid interim order passed by this Court, the appellant- tenant paid a sum of `5, lakhs to the respondent- landlord who acknowledges the receipt of the said amount from the appellant - tenant. 8. Learned counsel for the appellant and learned counsel for the respondent submit that the parties have arrived at an amicable settlement. 9. Learned counsel for the appellant-tenant submits that the appellant –tenant would pay the balance sum of `3 lakh to the respondent - landlord and would vacate and handover vacant possession of the suit schedule property to the respondent-landlord and if seven months time is granted, appellant would file an affidavit of undertaking in this regard within a period of two weeks from today. 10. Per contra, learned counsel for the respondent-landlord submits that respondent-landlord does not have any objections for a period of seven months to be granted in favour of the appellant- - 7 - NC: 2025:KHC:10910 RFA No. 248 of 2024 tenant to voluntarily to quit and deliver vacant possession of the suit schedule premises to the respondent-landlord subject to filing of an affidavit in this regard and also payment of arrears of rent in a sum of `3 lakh within a period of three months from today. 11. In view of the aforesaid facts and circumstances and amicable settlement arrived at between the parties as stated supra and also joint submission made by both sides, I deem it just and proper to dispose of this appeal by suitably modifying the impugned judgment and decree and issuing certain directions. Hence, the following: ORDER i) Appeal is hereby disposed of by modifying the impugned judgment and decree dated 31.10.2023 in O.S. No.8312/2022 passed by the VIII Additional City Civil and Sessions Judge, Bengaluru. ii) The appellant is granted period of seven months from today to quit and deliver vacant possession of the suit schedule premises to the respondent-landlord subject to filing of an affidavit - 8 - NC: 2025:KHC:10910 RFA No. 248 of 2024 of undertaking to the effect that the appellant shall continue to pay the monthly rent as and when they fall due to the respondent-landlord without any fail till appellant-tenant vacates and handover the suit schedule premises to the respondent-landlord iii) The appellant – tenant shall also pay the remaining arrears of rent for a sum of `3 lakhs towards of arrears of rent to the respondent- landlord within a period of three months from today. iv) The appellant-tenant shall not sublet, underlet or part with possession or induct any 3rd parties into the suit schedule premises till he vacates and handover the vacant possession of the suit schedule premises to the respondent-landlord. v) The appellant-tenant shall not seek extension of time under any circumstances whatsoever. - 9 - NC: 2025:KHC:10910 RFA No. 248 of 2024 v) Registry of this Court is directed to refund the entire Court fee of `73,725/- paid on the memorandum of appeal back to the appellant immediately without any delay. vi) Registry of the Trial Court is also directed to refund the entire Court fee paid by the respondent on the counter claim filed by him before the Trial Court forthwith without any delay. Sd/- (S.R.KRISHNA KUMAR) JUDGE BS List No.: 1 Sl No.: 10