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2025 DAILYLAW 89182 (KAR)

SMT TAJUNNISA v. SRI PARVEEZ SIDDIQUI

CRP/787/2025 · 2025-12-16

V Srishananda

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:54254 CRP No. 787 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION NO. 787 OF 2025 (SC) BETWEEN: SMT TAJUNNISA MAJOR, W/O. LATE DASTGAIR KHAN NO.3, OLD NO.22, L.NO 10 STREET, ARUNACHALAM MUDALIAR ROAD CROSS BANGALORE - 560 051 (SINCE DEAD) 1. SRI. AKBER KHAN, AGED ABOUT 55 YEARS, S/O. LATE DASTAGIR KHAN 2. SRI. GHOUSE KHAN, AGED ABOUT 40 YEARS, S/O. LATE DASTAGIR KHAN, ALL C/O. NO.3, OLD NO.22, L.NO 10 STREET, ARUNACHALAM MUDALIAR ROAD CROSS, BANGALORE - 560 051. …PETITIONERS (BY SRI. IRSHAD AHMED K, ADVOCATE) AND: SRI. PARVEEZ SIDDIQUI S/O. LATE ABDUL WAJID SIDDIQUI Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54254 CRP No. 787 of 2025 AGED ABOUT 59 YEARS, R/AT NO. 7, R.NO 3RDSTREET, ARUNACHALAM MUDALIAR ROAD CROSS. BENGALURU - 560 051. …RESPONDENT (BY SRI. K. AJAY KUMAR, ADVOCATE) THIS CRP IS FILED UNDER SEC.18 OF THE SMALL CAUSE COURTS ACT., AGAINST THE JUDGMENT AND DECREE DATED 7.08.2025 PASSED IN SC. NO.15161/2024 ON THE FILE OF VTH ADDITIONAL, S.C. JUDGE AND XXIVTH ACJM, SCCH-20, MAYOHALL UNIT, BANGALORE., PARTLY DECREEING THE SUIT FOR EJECTMENT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER After addressing the arguments, an affidavit came to be filed by the learned counsel for revision petitioners which reads as under: “I, Sri. AKBER KHAN, aged about 55 years, S/o. Late Dastagir Khan, R/at No.3, Old No.22, L.No 10 Street, Arunachalam Mudaliar Road Cross, Bangalore 560 051, do hereby solemnly affirm and state on oath as follows: 1. I am the Petitioner No. 1 in the above case and well conversant with the facts of the case, I have - 3 - HC-KAR NC: 2025:KHC:54254 CRP No. 787 of 2025 instructions to swear this affidavit on behalf of the other Petitioner, Hence I am swearing this Affidavit. 2. I submit that I undertake to vacate the Schedule Premises on 30.05.2027 during the said period; I undertake to pay a sum of Rs. 9,000/- P.M for the period from December 2025 till May 2026 and from 01.06.2026 to 30.05.2027 I undertake to pay a sum of Rs. 10,000/- P.M. without committing any default. 3. I further submit that I will not sub-let, underlet or part with the possession of the Schedule Premises during the said Period. 4. I further undertake that I will vacate and deliver the vacant physical possession of the Schedule Premises and handover the same to the Respondent on 30.05.2027 without seeking any further extension of time, Hence this Affidavit. WHEREFORE, I pray that this Hon'ble court may be pleased to take the said Affidavit on record and pass appropriate order in the interest of justice and equity. This is my name and signature, whatever stated in the above paras are true to the best of my knowledge, information and belief, and I verify the same.” 2. Copy of the affidavit is furnished to learned counsel for the respondent and he has endorsed no objection on the affidavit. 3. Though it is noted in the affidavit that rate of rent in respect of the premises is wrongly mentioned, - 4 - HC-KAR NC: 2025:KHC:54254 CRP No. 787 of 2025 revision petitioners shall pay rent at the rate of Rs.9,000/- per month from January, 2026 till up to 31.12.2026 and Rs.10,000/- per month from January, 2027 to 31.05.2027 regularly. 4. Placing the affidavit on record, following: ORDER i. Revision petition stands disposed of in terms of the affidavit filed by the revision petitioners. ii. Office is directed to pass a modified decree in terms of the affidavit appending the copy of the affidavit as part of the decree. iii. It is made clear that from January, 2026 till up to 31.12.2026, revision petitioners have to pay rent at the rate of Rs.9,000/- per month and from January, 2027 to 31.05.2027, revision petitioners shall pay - 5 - HC-KAR NC: 2025:KHC:54254 CRP No. 787 of 2025 rent at the rate of Rs.10,000/- per month regularly. iv. Any default in payment of rent, the concession that is granted in the present order would get extinguished automatically. v. Further, on expiry of 31.05.2027, revision petitioners shall voluntarily vacate and hand over the suit premises to the landlord/respondent. vi. Revision petitioners shall not create or induct any third party interest in the said property. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 31