R.SHARMILA Vs. B.DEVAKUMAR

JUDGEMENT

(1.) This Civil Revision Petition is filed by the petitioner, tenant, aggrieved of the impugned order passed by the Executing Court, directing eviction of the petitioner from the suit schedule property.

(2.) Undisputed facts leading to the execution case being filed at the hands of the respondent are that the respondent had filed O.S.No.755/2011 against the petitioner herein, for ejectment, arrears and for future mesne profits. During the course of the suit, a compromise agreement was entered into, during mediation and the suit was decreed in terms of the agreement, that the defendant agrees that the arrears of rent payable to the plaintiff calculated till the month of January 2011 is Rs.9,17,500.00 and the defendant paid the said amount under two cheques, which was acknowledged by the plaintiff. The plaintiff agreed to let the defendant continue as lessee in the suit premises for the unexpired period of lease in terms of the registered lease deed dtd. 1/8/2001, subject to the defendant continuing to pay the monthly rentals; to pay the property tax, each year regularly and promptly till the expiration of the lease period and the defendant undertook to pay the insurance premia till the expiration of the lease period. The defendant agreed that in the event of her committing default of payment of the agreed rent for a continuous period of three months or in the event of her default in paying the yearly property tax to BBMP or in default of paying the insurance premia regularly and in the event of breach of any other terms and conditions of the lease deed, the plaintiff is entitled to enforce the reliefs against the defendant as claimed in the plaint, without any objections from the defendant. The decree was accordingly drawn.

(3.) However, according to the respondent-plaintiff, the petitioner herein defaulted in payment of the monthly rents for four consecutive months, between July 2015 and October 2015. The petitioner did not pay the property tax for the years 2014-15 and 2015-16. The petitioner failed to furnish a copy of the insurance premia in respect of the suit premises for the years 2013-14, 2014-15 and 2015- 16.