Case Note & Summary
The appeal was filed under Section 96 of the Code of Civil Procedure, 1908 against a judgment and decree dated 02.12.2019 in Original Suit No.6814/2013 by the XLIV Additional City Civil and Sessions Judge, Bengaluru, decreeing the suit for ejectment. The appellant, A.L. Satyanarayana Gupta, was the tenant in the subject premises, and the respondent, Sri Vishwanatha, was the landlord. The appellant's counsel, after arguing the matter at length, submitted that the appellant undertook to peaceably vacate the premises in good condition within six months and sought modification of the decree only to that extent. The court, having regard to the fair stand of the appellant, granted a period of six months for vacating, subject to the following conditions: (a) payment of all arrears of rent by 20th July 2020 if not already paid; (b) payment of current rent by the 5th of each month, with rent doubled for delay exceeding one week; (c) the undertaking to be treated as given to the court, violation of which would entail contempt proceedings; (d) if the premises are not delivered by 5th January 2021, exemplary rent of Rs.25,000 per month for the first three months and Rs.50,000 per month thereafter; and (e) upon violation of any condition, the decree becomes immediately executable. The appeal was disposed of without costs.
Headnote
A) Civil Procedure - Execution of Decree for Ejectment - Modification of Decree on Undertaking - Code of Civil Procedure, 1908, Section 96 - In a first appeal against an ejectment decree, the appellant undertook to vacate within six months and the court accepted the undertaking and imposed conditions for payment of arrears, current rent, and exemplary rent for delay, and treated the undertaking as one given to court, entailing contempt for violation. Held that the decree was modified accordingly to grant time for vacating. (Paras 1-3)
Issue of Consideration
Whether the ejectment decree could be modified to grant the appellant time to vacate the suit premises on terms
Final Decision
Appeal disposed of; appellant granted six months to vacate subject to conditions: payment of arrears by 2020-07-20, current rent by 5th of month with penalty for delay, undertaking to court with contempt consequences, exemplary rent of Rs.25,000 per month for first three months and Rs.50,000 thereafter for delay beyond 2021-01-05, and decree executable upon any violation.
Law Points
- Modification of decree based on appellant's undertaking
- Section 96 CPC
- court's inherent power to grant time for vacating premises
- undertaking to court as basis for contempt
