Bangalore District Court
Subsequent To The Execution Of The Sale ... vs Addressed A Reply To The Attornment ... on 2 April, 2019
(SCCH-11) 1 SC 72/2019
BEFORE Ist ADDL. JUDGE, COURT OF SMALL CAUSES,
BANGALORE. (SCCH11)
DATED THIS 22nd DAY OF APRIL, 2019
PRESENT: SMT. B.S.RAYANNAWAR, B.A., L.L.B.
I ADDL.SMALL CAUSES JUDGE & MACT
SC.72/2019
BETWEEN
Smt. C.H. Pavani,
W/o Sri Prabhushankar,
Aged about 33 years,
R/o No.40, 4th Cross,
GMR Layout, Geddanahalli,
Sanjayanagar, Bengaluru - 560 094.
(By Sri C.S.N................, Advocate) ....Plaintiff.
AND
Smt. Chandrakala R.,
W/o Late Muralidhar,
C/o Sri Guru Raghavendra Traders,
Aged about 47 years,
No.32/1, BBMP New No.84/1,
Geddanahalli, Sanjayanagar Main Road,
Bengaluru - 560 094.
(Exparte) .....defendant.
JUDGMENT
Present suit filed by the plaintiff for ejectment.
2. Brief facts of the plaintiff case is as follows: (SCCH-11) 2 SC 72/2019
The plaintiff is the absolute owner of the commercial shop measuring about 312 Sq ft. situated at No.23/84, Sanjayanagar Main Road, Near RMV Hospital, Sanjayanagar, Bengaluru. The original owner of the schedule property was one Mr. Mallikarjun M., S/o Late Moodalagiriyappa who had entered into a rent agreement dated 11.01.2017 with the defendant herein with respect to the shop for the purpose of running a business of sales of sanitary materials in the name of Sree Gururaghavendra Traders. The said rent agreement was for a period of three years from the date of its execution and the defendant was paying a monthly rent of Rs.15,000/ to the owner of the said property. The defendant had paid a refundable advance of Rs.1,50,000/ to the owner of the schedule property all which was as per the rent agreement dated 11.01.2017 entered into between Mr. Mallikarjun and the defendant. During the pendency of the tenancy, Mr. Mallikarjun, the owner of the schedule property executed a sale deed dated 10.07.2017 in favour of the plaintiff herein and the said sale deed was registered as Document No.1068/201718 in Book I, CD No.MLSD128 at pages 1 to 14, in the office of the Sub Registrar, Malleshwaram, Bengaluru and since then the plaintiff (SCCH-11) 3 SC 72/2019 herein has been the absolute owner of the schedule property. The khatha of the schedule property is also in the name of the plaintiff. Subsequent to the execution of the sale deed in the name of the plaintiff, the plaintiff approached the defendant, met with her and intimated to her about the execution of the sale deed by the previous owner of the property and requested the defendant to enter into a fresh rent agreement with the plaintiff and further requested her to hand over rent amount to the plaintiff itself. However, the defendant refused to pay monthly rent to the plaintiff. Thereafter, the plaintiff addressed a letter of attornment of tenancy along with another letter both dated 24.08.2018 again informing the defendant about the execution of the sale deed and further requesting the defendant to enter into fresh rent agreement with the plaintiff and continue paying rents to her. The defendant addressed a reply to the attornment letter dated 24.08.2018 issued by the plaintiff stating that she had a share in the schedule property and alleging that the sale deed by way of which the plaintiff purchased the property was itself invalid and hence refused to pay rents to the plaintiff. The plaintiff has several times approached the defendant and requested her to enter into fresh rent agreement with her, however, all her requests have been (SCCH-11) 4 SC 72/2019 in vain. The defendant has not been paying rents since July 2017 i.e., since the date on which the plaintiff has purchased the schedule property. Such being the case, having no other option the plaintiff got a legal notice dated 24.10.2018 issued to the defendant through her counsel calling upon the defendants to vacate the premises within fifteen days from the date of receipt of the notice. However, the notice issued to the defendant has returned for the reasons Door Locked. The defendant is very much in the same address as she is running her business there even to this day and she has avoided to take the notice issued by the plaintiff. The defendant is stopped making payment of rent from July 2017. In spite of issuance of legal notice, the defendant has not come forward for making the payment of arrears nor has she vacated the premises till date. The plaintiff after purchasing the schedule property has been facing severe financial loss as the defendant is not paying rents from more than one year. The cause of action for th present suit arose on 11.01.2017 when defendant entered into the rent agreement the previous owner Mr. Mallikarjun, on 10.07.2017 when the plaintiff got a sale deed executed in respect of the property, on 24.08.2010 when a letter of attornment and the letter requesting for entering into a fresh rent (SCCH-11) 5 SC 72/2019 agreement was addressed and issued to the defendant, on 24.10.2018 when the plaintiff got a legal notice issued to the defendant calling upon her to vacate the premises and has contributed till this day since the defendant is in possession of the schedule premises unauthorizedly. Hence this suit.
3. Suit summons issued to the defendant, summons sent through RPAD which return with shara not claimed, defendant remained absent hence defendant placed exparte.
4. Plaintiff was examined as PW.1 and got marked Ex.P.1 to Ex.P.8 and closed her side.
5. Hears the arguments and perused the records thereafter following points arise for determination.
POINTS
1). Whether the plaintiff is entitled to the relief sought for?
2). What order?
6. After hearing the arguments and perusal of the records my findings to the above points are as under for the following reasons Point No.1 : In the Affirmative.
Point No.2 : As per the final order (SCCH-11) 6 SC 72/2019 REASONS
7. Point No.1 : It is the case of the plaintiff that, she is the absolute owner of the commercial shop measuring about 312 Sq ft. situated at No.23/84, Sanjayanagar Main Road, Near RMV Hospital, Sanjayanagar, Bengaluru. The original owner of the schedule property was one Mr. Mallikarjun M., S/o Late Moodalagiriyappa who had entered into a rent agreement dated 11.01.2017 with the defendant herein with respect to the shop for the purpose of running a business of sales of sanitary materials in the name of Sree Gururaghavendra Traders. The said rent agreement was for a period of three years from the date of its execution and the defendant was paying a monthly rent of Rs.15,000/ to the owner of the said property. The defendant had paid a refundable advance of Rs.1,50,000/ to the owner of the schedule property all which was as per the rent agreement dated 11.01.2017 entered into between Mr. Mallikarjun and the defendant. During the pendency of the tenancy, Mr. Mallikarjun, the owner of the schedule property executed a sale deed dated 10.07.2017 in favour of the plaintiff herein and the said sale deed was registered as Document No.1068/201718 in Book I, CD No.MLSD128 at pages 1 to 14, in the office of the Sub Registrar, (SCCH-11) 7 SC 72/2019 Malleshwaram, Bengaluru and since then the plaintiff herein has been the absolute owner of the schedule property. The khatha of the schedule property is also in the name of the plaintiff. Subsequent to the execution of the sale deed in the name of the plaintiff, the plaintiff approached the defendant, met with her and intimated to her about the execution of the sale deed by the previous owner of the property and requested the defendant to enter into a fresh rent agreement with the plaintiff and further requested her to hand over rent amount to the plaintiff itself. However, the defendant refused to pay monthly rent to the plaintiff. Thereafter, the plaintiff addressed a letter of attornment of tenancy along with another letter both dated 24.08.2018 again informing the defendant about the execution of the sale deed and further requesting the defendant to enter into fresh rent agreement with the plaintiff and continue paying rents to her. The defendant addressed a reply to the attornment letter dated 24.08.2018 issued by the plaintiff stating that she had a share in the schedule property and alleging that the sale deed by way of which the plaintiff purchased the property was itself invalid and hence refused to pay rents to the plaintiff. The plaintiff has several times approached the defendant and requested her to enter into (SCCH-11) 8 SC 72/2019 fresh rent agreement with her, however, all her requests have been in vain. The defendant has not been paying rents since July 2017 i.e., since the date on which the plaintiff has purchased the schedule property. Such being the case, having no other option the plaintiff got a legal notice dated 24.10.2018 issued to the defendant through her counsel calling upon the defendants to vacate the premises within fifteen days from the date of receipt of the notice. However, the notice issued to the defendant has returned for the reasons Door Locked. The defendant is very much in the same address as she is running her business there even to this day and she has avoided to take the notice issued by the plaintiff. The defendant is stopped making payment of rent from July 2017. In spite of issuance of legal notice, the defendant has not come forward for making the payment of arrears nor has she vacated the premises till date. The plaintiff after purchasing the schedule property has been facing severe financial loss as the defendant is not paying rents from more than one year.
8. Plaintiff got herself examined as PW.1 filed her chief affidavit in lieu of her examination in chief. PW.1 has reiterated the facts pleaded in the plaint. Her evidence remained unchallenged. Plaintiff to show that, she is the owner of the (SCCH-11) 9 SC 72/2019 property has produced Ex.P.7 Certified copy of sale deed, Ex.P.8 copy of Rental agreement. In this case ownership of property is not in dispute as the defendant placed exparte. Plaintiff produced Ex.P.8 Rental agreement executed between the vendor of plaintiff and defendant, produced Ex.P1 office copy of letter issued to defendant, Ex.P2 postal receipt, Ex.P3 office copy of reply to letter, Ex.P4 office copy of legal notice, Ex.P5 postal receipt and Ex.P6 returned RPAD cover, after purchase of the property plaintiff issued attornment notice, also issued notice Ex.P.1 calling upon the defendant to execute new Rental Agreement/Lease Agreement. Defendant given reply as per Ex.P.3 contending that, M. Mallikarjuna, is not absolute owner of the said property, defendant filing suit for partition she seek for holding the sale deed null and void and not binding on defendant. But the defendant not appeared before this court nor filed written statement nor produced any document to show that the defendant had share in suit property. Plaintiff proved that she is the owner of the property by virtue of sale deed dated 10.07.2017. Plaintiff proved that she is the owner of suit premises by virtue of sale deed. In this case no pleadings are there which gives rise to two different versions. Evidence of PW.1 remained unchallenged. (SCCH-11) 10 SC 72/2019 Accordingly it is held that the plaintiff is entitled to the relief sought for and point No.1 answered in the affirmative.
9. Point No.2 : For the above reasons I proceed to pass the following ORDER The suit of the plaintiff is hereby decreed with costs. The defendant is hereby directed to vacate and handover the possession of the suit schedule property to the plaintiff within two months. Otherwise the plaintiff may take steps in accordance with law.
Further the defendant is hereby directed to pay the monthly rent that is Rs.15,000/ from July 2017 till the date of the defendant vacating and handing over the possession of the suit schedule property to the plaintiff.
Draw decree accordingly.
( Dictated to the stenographer, corrected and and then pronounced in the open court on 2nd April 2019).
(B.S.RAYANNAWAR) I ADDL.SMALL CAUSES JUDGE SCHEDULE All that piece and parcel of immovable property bearing No.84, House List Khatha No.23, carved out of Sy. No.32/1A, measuring 312 Sq Ft situated at Geddalahalli Village, Kasaba Hobli, Bengaluru North and bounded on:
(SCCH-11) 11 SC 72/2019
East by : Road
West by : Property of Muniramappa
North by : Property of Muniramappa
South by : Property of Byramma
ANNEXURE
WITNESSES EXAMINED FOR PLAINTIFF:
PW.1 Smt. C.H. Pavani
DOCUMENTS MARKED FOR PLAINTIFF:
Ex.P.1 Office copy of Letter issued to defendant
Ex.P.2 Postal receipt
Ex.P.3 Office copy of reply to letter
Ex.P.4 Office copy of legal notice
Ex.P.5 Postal receipt
Ex.P.6 Returned RPAD cover
Ex.P.7 Certified copy of Sale Deed
Ex.P.8 Xerox copy of Rent Agreement
WITNESSES EXAMINED FOR DEFENDANT:
None
DOCUMENTS MARKED FOR DEFENDANT:
NIL
I ADDL.SMALL CAUSES JUDGE