THIS RFA IS FILED UNDER SEC.96 R/W.ORDER XLI OF THE CPC.,1908 AGAINST THE JUDGMENT AND DECREE DATED 01.12.2018 PASSED IN OS NO.5179/2012 ON THE FILE OF THE XXII ADDL.CITY CIVIL AND SESSIONS JUDGE, BENGALURU DECREEING THE SUIT FOR EJECTMENT.

THIS APPEAL, COMING ON FOR REPORT SETTLEMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

ORAL JUDGMENT

1. This appeal is directed against Judgment and decree dated 01.12.2018 in O.S.No.5179/2012 on the part of XXII Additional City Civil Judge, Bengaluru. In terms of the judgment and decree dated 01.12.2018, the plaintiff's suit is decreed directing the 1st defendant to vacate and deliver the vacant possession of the suit schedule property to the plaintiff.

2. The decree also directs the first defendant to pay Rs.3,10,500/- towards arrears of rent/damages from September 2011 to June 2012. The decree further directs the first defendant to pay damages @ Rs.2,00,000/- per month till the possession of the property is handed over.

3. This appeal is filed by defendant No.2. Defendant no. 1 is arrayed as respondent No.2.

4. Learned counsel appearing for respondent no. 2/defendant no. 1 on instructions would submit that defendant no.1/respondent no. 2 has no claim over the property, as such, she is not a party to the settlement arrived at between appellant/defendant no.2 and plaintiff/respondent No.1.

5. Submission of the learned counsel for defendant No. 1/respondent No.2 is accepted and placed on record.

6. Learned counsel for the appellant and respondent No.1 are present before the Court.

7. The authorized representative of the appellant is present before the Court. Respondent No.1 is present before the Court.

8. Learned counsel for the appellant and respondent no.1 have filed the joint memo which is duly signed by the authorized representative of appellant and respondent No.1.

The terms and conditions of the settlement are as under:

JOINT MEMORANDUM OF SETTLEMENT

The Appellant and Respondent No.1 respectfully submits as follows:

1. The Appellant has filed the Regular First Appeal to set aside the Judgment dated 01.12.2018, passed by the Court of the Hon'ble XXII Addl. City Civil and Sessions Court at Bangalore (CCH-7), in O.S.No.5179 of 2012, allowing the Respondent's Suit and for the Appellant and the Respondent No.2 to hand over vacant possession of the suit schedule property and to pay arrears of rent and damages to the Respondent No.1.

2. The Respondent No.1 is the owner of the schedule property, and the Respondent No.2 was the erstwhile lessee under a registered Lease Deed dated 11.12.2003 for a period of 30 years. Clause 5 of the said Lease Deed permitted sub-lease, pursuant to whom a Sub-Lease Deed dated 08.03.2004, was entered into between Respondent No.2 and the Appellant for a period of 20 years.

3. The said Sub-Lease Deed dated 08.03.2004 has expired by efflux of time.

4. During the pendency of the present Appeal proceedings, the Appellant and Respondent No.1 entered into negotiations for renewal of the lease and mutually agreed upon a rent of Rs.36/- per sq.ft. for a total extent of 6457.50 sq. ft., amounting to Rs.2,32,470/- per month and applicable GST with an escalation of 10% once in every three years, for a further period of 10 years with effect from 08.03.2024.

5. The Respondent No.1 and the Appellant have mutually agreed to the following terms:-

a. The Appellant shall enter into a fresh Lease Deed with the Respondent No.1 or his assignees for a period of 10 (ten) years with effect from 08.03.2024.

b. It is agreed that the rent is Rs.36/- per sq.ft. for a total extent of 6457 sq. ft., amounting to Rs.2,32,470/- per month from 08.03.2024. In addition, the Appellant shall bear the GST payable on the rent.

c. The rent shall carry an escalation of 10% once every 3 years.

d. The Appellant undertakes to execute the formal Lea