DHANANJAYA NAIDU Vs. SMT. B.L. ARUNAKSHI

JUDGEMENT

(1.) THIS appeal is by the appellant being aggrieved by the impugned judgment and decree dated 30.10.2012 passed in O.S. No. 25998/2011 on the file of the XXII Addl. City Civil Judge, Bangalore.

(2.) WE have heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondent. Both the appellant and the respondent are present before the court. Their presence is placed on record.

(3.) THE terms and conditions of the joint memo dated 18.04.2013 filed by learned counsel for both parties read thus: "The above named appellant and respondent have amicably settled the matter out of the Court on the following terms and paying this Hon'ble Court pass necessary orders on the terms of compromise to meet the ends of justice and equity. 1. Appellant today is handing over the keys of 25 rooms out of 28 rooms in the suit schedule property and respondent agreed to adjust the advance amount of Rs. 4,00,000/ - paid by the appellant towards the arrears of rent due from the appellant. Respondent relinquished the damages awarded by Court below. 2. Appellant has created sub -tenancy in respect of 2 shops in favour of SLV clinic and medical shop and he has received a sum of Rs. 1,25,000/ - towards advance and Rs. 25,000/ - as loan. This day the said tenant is due to Rs. 50,000/ - arrears of rent and appellant is returning advance amount of Rs. 1,00,000/ - in favour of the respondent herein and permitting the respondent to return the said amount while sub -tenant delivers the vacant possession. The cheque is post dated cheque 645922 dated 28.07.2013. 3. Respondent agreed to pay the security advance of another sub -tenant, which was received by the appellant when or at the time of sub -tenant vacates and deliver the vacant possession of the shop. 4. The Appellant agreed to pay all arrears or dues to the BESCOM and BWSSB and deliver the bills to the respondent as on today.