Sri.Basavanna.K.M.,

learned

counsel

on

behalf

of

Sri.M.V.Hiremath., for appellant has appeared through video

conferencing.

Sri.Nile.A.P.,

learned

counsel

on

behalf

of

Sri.Purushotham.K.N., for caveator/ respondent has appeared

in person.

2.

Learned counsel for the respective parties submits

that the appeal was referred to Bengaluru Mediation Centre,

Bengaluru and the parties have agreed to settle the dispute

amicably. Accordingly, they have filed a Memorandum of

Settlement under Section 89 of CPC R/w Rules 24 & 25 of the

Karnataka Civil Procedure (Mediation) Rules, 2005 in the

following manner:

"MEMORANDUM OF SETTLEMENT UNDER

SECTION 89 OF CPC READ WITH RULES 24 AND

25 OF THE KARNATAKA CIVIL PROCEDURE

(MEDIATION) RULES, 2005

The parties above named submit as follows:-

I.

The appellant has filed the above Regular

Second Appeal against the judgment and decree dated

17.07.2018 in R.A.No.504/2016 (Old R.A.No.61/2015)

- 3 -

passed by the Court of the IV Addl. District Judge,

Mysuru upholding the judgment and decree in

O.S.No.1107/2012 dated 28.01.2015 passed by the III

Addl. Civil Judge & JMFC at Mysuru.

II.

The

above

appeal

was

referred

to

mediation for resolving the dispute between the

parties. The parties have participated along with their

respective counsel and have resolved their dispute on

the following terms and conditions:

1.

The Appellant is a tenant under the

respondent in premises comprising two shops in

premises bearing D.No.7, K4's Mansion, Rajput Block,

N.R.

Mohalla, Mysuru and continues to be in

possession and occupation of the same. The Premises

rented out to the appellant is described in the

schedule hereunder and is hereinafter referred to as a

Schedule Property. The agreed rent payable by the

appellant to the respondent for the schedule property

is Rs.2,000/- (Rupees Two Thousand Only) per month.

The respondent has been running a two wheeler

repairs establishment at the schedule property.

2.

The respondent agrees to extend the

tenancy of the appellant in respect of the schedule

property till 31^st July 2024. On or before the expiry of

31.07.2024 the appellant agrees and undertakes to

quit and deliver vacant possession of the schedule

property

to

the

respondent

or

his

authorized

representative without causing any damage or loss to

the said shops, failing which the respondent shall be

- 4 -

entitled to exercise his legal remedies as available

under law.

3.

The appellant agrees and undertakes to

continue to pay the existing agreed rent of Rs.2,000/-

(Rupees Two Thousand Only) per month totalling

Rs.28,000/- (Rupees Twenty Eight Thousand Only)

calculated till 31.07.2024 to the respondent for the

schedule

property.

The

aforesaid

amount

of

Rs.28,000/- (Rupees Twenty Eight Thousand Only)

shall be set off and deducted from the amount of

security

deposit

of

Rs.50,000/-

(Rupees

Fifty

Thousand

Only)

lying

with

the

respondent.

Consequently the appellant shall be deemed to have

paid rents in full till 31.07.2014.

4.

The

respondent

shall

refund

to

the

appellant a sum of Rs.28,000/- (Rupees Twenty Eight

Thousand Only) by a demand draft drawn in the name

of the appellant being the balance amount of the

security deposit referred to in paragraph No.3 (after

deducting rent of Rs.28,000/- deemed to have been

paid by the appellant till 31.07.2024) simultaneously

with the appellant handing over peaceful and vacant

possession of the schedule property to the respondent.

5.

The appellant undertakes to handover

vacant possession of the schedule property to the

respondent on or before 31.07.2024 and undertakes

not to seek any further extension of time. The

appellant further undertakes not to sublet or part with

possession of the schedule property or any part

- 5 -

thereof to any person until he hands over vacant

possession of the same to the respondent. The

appellant agrees to ensure that the schedule property

is handed over to the respondent in good tenantable

condition subject to normal wear and tear and further

a