P M RAMESH Vs. T S VIDYADHARA

JUDGEMENT

(1.) THE appellant is the defendant, whereas, the respondent herein i.e. the plaintiff before the Trial Court instituted a suit for eviction of the appellant from the shop premises measuring 10 ft. x 10 ft. bearing Malige No.4 in Sy.No.37/10 situated at Kushalnagar, described in the schedule to the plaint.

(2.) THE appellant is a tenant of the suit property on a monthly rent of Rs.2,000/-, whereas, the respondent is the landlord. The respondent terminated the tenancy and as the appellant did not hand over the vacant possession of the suit property, the suit came to be filed by the respondent for eviction. The Trial Court granted a decree of eviction in addition to directing the appellant to pay the damages at Rs.3,000/- per month from 1.2.2005 till the expiry of three months after the decree and at Rs.4,000/- per month if he does not vacate the suit property as ordered by the Trial Court. The appeal against the decree is also dismissed by the First Appellate Court and therefore the defendant has approached this Court in an appeal.

(3.) BOTH the parties filed a joint memo agreeing for payment of Rs.3,000/- per month as damages from the date of decree of the Trial Court and to modify the damages awarded at Rs.4,000/- and agreeing for a sum of Rs.3,000/- per month till the date of vacating the suit property. So, in pursuance of this joint memo, the decree of the Courts below will have to be modified.