ASMATHUNNISSA W/O LATE SRI. S. JAMAL Vs. SRI. K.S. PANDURANGA SHETT MAJOR CARRYING ON BUSINESS AS PROPRIETOR "SHYAMALA STEEL CENTRE" NO. 138, DHARMARAJA KOIL STREET SHIVAJINAGAR, BANGALORE - 560 001

JUDGEMENT

(1.) THIS appeal is by the plaintiffs challenging the judgment and decree dated 27.6.2011 passed by the XXVI Additional City Civil Judge, Bangalore, in O.S.No.26585/2007 in dismissing the suit.

(2.) A compromise petition is filed under Order XXIII Rule 3 of CPC by the appellants and it is signed by both the parties along with their respective counsel, which reads as under: 1. The respondent herein hereby unconditionally withdraws all the objections raised by him against the ejectment suit filed by the appellants herein in O.S. No.26585/2007 without prejudice to any of the contentions raised in connection suits OS No.26583 of 2007, OS No.26584 of 2007, O S 26586 of 2007 and O S 26594 of 2007 and he hereby concedes appellants are the full and absolute owners of the property and he is a tenant under them. 2. It is agreed that the amount in deposit in the trial court towards rent may be paid to the appellants herein which is deposited in O S No.26585/2007 on the file of the City Civil Judge, Mayo Hall, Bangalore.

(3.) IT is agreed that the parties from the date of this compromise petition till the date of delivery of possession of schedule premises the respondent should pay a sum of Rs.4,600/ - per month as damages for wrongful use and occupation of the same.