SYED FAROOQ Vs. SMT. RUDRANAMMA

JUDGEMENT

(1.) This is a tenant's revision petition filed against the order dated 1st Sept., 2016 passed in HRC No. 16 of 2016 on the file of the Chief Judge, Court of Small Causes, Bengaluru, allowing the petition filed under Sections 27(2)(d)(ii), 27(2)(r) and 31(1)(c) of the Karnataka Rent Act, 1999 and also directing the petitioner-tenant to quit, vacate and deliver vacant possession of the petition schedule premises to the respondent-landlord immediately from the date of the order in view of invoking the provisions of Sec. 31(1)(c) of the Karnataka Rent Act.

(2.) Learned Counsel for the parties have filed a joint memo dated 4-10-2016 signed by the petitioner and General Power of Attorney holder of the respondent and the learned Counsel for the parties to the lis. Parties have filed the joint memo voluntarily without any force. The joint memo is placed on record. As per the joint memo, the petitioner-tenant has agreed to vacate the schedule premises on or before 31st March, 2017 and the same is agreed by the respondent-landlord. It is also agreed by the respondent-landlord that during the period of stay of the petitioner-tenant in the schedule premises, he will not disturb his possession. Respondent-landlord also agreed to withdraw Execution Petition No. 1825 of 2016 in view of the joint memo.

(3.) The petitioner had also filed an affidavit of undertaking dated 29-9-2016 wherein he undertakes that in terms of the joint memo, he has agreed to vacate the schedule premises on or before 31st March, 2017 and he will not sub-let, create any third party interest or cause any encumbrance on the said premises. He has also agreed to pay a sum of Rs. 6,000.00 (Rupees six thousand only) per month towards rent for the schedule premises from Oct. 2016 to March 2017 to the respondent.