Bangalore District Court
Venugopal Mottur Padmanabhan vs Amit Choudhary on 13 January, 2023
C.R.P.67 Govt. of Karnataka
Form No.9 (Civil)
Title Sheet for
Judgments in Suits
(R.P.91)
TITLE SHEET FOR JUDGMENTS IN SUITS
IN THE COURT OF THE VIII ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE (CCH-15) AT BENGALURU
Dated this the 13th day of January, 2023.
PRESENT:
Sri MALLANAGOUDA, B.Com.,LL.M.,
VIII Additional City Civil and Sessions Judge,
Bengaluru.ORIGINAL SUIT No.1263/2021
PLAINTIFF : Venugopal Mottur Padmanabhan,
S/o. M.P. Padmanabhan -
Represented by his wife and
power of attorney holder -
Mrs. Rohini Venkataswami,
Residing at No.9, 2nd Cross,
3rd Phase, J.P. Nagar,
Bengaluru - 560 078.
(By Mr. Anish John, Advocate)
-VERSUS-
DEFENDANTS : 1. Amit Choudhary,
S/o. J.N. Choudhary,
Aged about 43 years,
Residing at No. D501,
Block 'D' Nandi Woods
Residency, Nobel Residency
Layout, Yelenahalli, B.G.
Road, Bengaluru - 560078.
2. Mrs. Neha Choudhary,
W/o. Amit Choudhary,
Residing at No.D501,
Block 'D' Nandi Woods
Residency, Nobel Residency
Layout, Yelenahalli, B.G.
Road, Bengaluru - 560078.
-2- O.S. No.1263/2021
Also at:
Mrs. Neha Choudhya
ICICI Bank Ltd.,
Bannerghatta Road, Branch
No.40, Arekere, Bengaluru
- 560076
(Defendants are placed ex-parte)
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Date of Institution of the Suit : 17-02-2021
Nature of the Suit (Suit on : Ejectment suit.
pronote, Suit for declaration
and possession, Suit for injun-
ction etc,)
Date of the commencement : 18-10-2022
of recording of the evidence
Date on which the Judgment : 13-01-2023
was pronounced
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Year/s Month/s Day/s
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Total duration : 1 year, 10 months, 27 days.
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(MALLANANAGOUDA)
VIII Additional City Civil and Sessions Judge,
An&/- Bengaluru.
JUDGMENT
Being represented by his wife in the capacity of power of attorney holder, the plaintiff has instituted the present suit for eviction of the defendants - directing them to quit and deliver vacant possession of the suit schedule property to the plaintiff and for costs.
Cont'd..
-3- O.S. No.1263/2021
2. The brief facts of the plaintiff's case are as under-
The plaintiff is the owner of the suit schedule property and the defendants are the tenants in respect of the suit schedule property vide assured short-hold tenancy agreement dated 4.6.2019 and the said agreement ends on 31.5.2020. The defendants have become defaulters in the matter of payment of rent in respect of the suit schedule property to the plaintiff and therefore, the plaintiff has issued legal notice dated 14.12.2019 to the defendants terminating the tenancy of the defendants under the plaintiff in respect of the suit schedule property - consequent upon which, the defendants have cleared the arrears of rent due and promised to vacate the suit schedule property during the month of January, 2020, - however, the defendants have failed to do so - despite the tenancy being terminated. Therefore, again the plaintiff was forced to issue one more legal notice to the defendants on 10.6.2020 within the meaning of Section 106 of the Transfer of Property Act terminating the tenancy of the Cont'd..
-4- O.S. No.1263/2021 defendants under the plaintiff in respect of the suit schedule property - for which, the defendants undertook to vacate the suit schedule property by the end of June, 2020 and thereafter on 15.7.2020. The defendants are due in arrears of rent to the plaintiff in respect of the suit schedule property from January, 2020 to May, 2020. When this being the fact, to the surprise of the plaintiff, the defendants have instituted a suit in O.S. No.353/2020 against the plaintiff for permanent injunction restraining from dispossessing the defendants from the suit schedule property - in which, an ex-parte interim order was passed on 10.7.2020 - which ex-parte order has neither been complied with nor has been extended and it has lapsed. Till date, the defendants have not vacated the suit schedule property - nor even paid any damages to the plaintiff towards unauthorised occupation - on account of which, the plaintiff has suffered financial loss besides undergoing mental agony. Therefore, the plaintiff has filed the present suit for a direction to the defendants to quit and deliver vacant possession of the suit schedule property to the plaintiff immediately and for costs.
Cont'd..
-5- O.S. No.1263/2021
3. After service of summons, the defendants are placed ex-parte.
4. On the basis of the above facts, the following Points arise for my consideration -
1. Whether the plaintiff proves that the plaintiff is the owner of the suit schedule property and the defendants are tenants under the plaintiff in respect of the suit schedule property under the Assured Short-hold Tenancy Agreement dated 4.6.2019?
2. Whether the plaintiff proves that the defendants have become defaulters in the matter of payment of rent and therefore, the plaintiff has terminated the tenancy of the defendants in respect of the suit schedule property by issuing legal notices dated 14.12.2019 and 10.6.2020?
3. Whether the plaintiff proves that since the defendants have been continuing their occupation in Cont'd..
-6- O.S. No.1263/2021
the suit schedule property even
after termination of their
tenancy, their occupation is
illegal and wrongful occupation and therefore, the defendants are liable to be vacated from the suit schedule property by way of an order for their eviction from the suit schedule property as claimed?
4. What order or decree?
5. In support of the case of the plaintiff, the plaintiff examined himself as P.W.1 and got documents marked as per Exs.P.1 to P.14 on behalf of the plaintiff.
6. Heard arguments.
7. My findings on the above Points are as under -
POINT No.1 - Affirmative;
POINT No.2 - Affirmative;
POINT No.3 - Affirmative;
POINT No.4 - As per final order, for the following -
Cont'd..
-7- O.S. No.1263/2021
REASONS
8. POINT NOs.1 TO 3 : Since all these Points are inter-related with each other, they are being taken up together for discussion at a stretch in order to avoid repetitive discussion of facts.
9. It is the case of the plaintiff that the plaintiff is the owner of the suit schedule property and the defendants are the tenants in respect of the suit schedule property vide assured short-hold tenancy agreement dated 4.6.2019 and the said agreement ends on 31.5.2020; the defendants have become defaulters in the matter of payment of rent in respect of the suit schedule property to the plaintiff and therefore, the plaintiff has issued legal notice dated 14.12.2019 to the defendants terminating the tenancy of the defendants under the plaintiff in respect of the suit schedule property - consequent upon which, the defendants have cleared the arrears of rent due and promised to vacate the suit schedule property during the month of January, 2020, - however, the defendants have failed to do so - despite the tenancy being terminated and Cont'd..
-8- O.S. No.1263/2021 therefore, again the plaintiff was forced to issue one more legal notice to the defendants on 10.6.2020 within the meaning of Section 106 of the Transfer of Property Act terminating the tenancy of the defendants under the plaintiff in respect of the suit schedule property - for which, the defendants undertook to vacate the suit schedule property by the end of June, 2020 and thereafter on 15.7.2020; the defendants are due in arrears of rent to the plaintiff in respect of the suit schedule property from January, 2020 to May, 2020. When this being the fact, to the surprise of the plaintiff, the defendants have instituted a suit in O.S. No.353/2020 against the plaintiff for permanent injunction restraining from dispossessing the defendants from the suit schedule property - in which, an ex-parte interim order was passed on 10.7.2020 - which ex-parte order has neither been complied with nor has been extended and it has lapsed; till date, the defendants have not vacated the suit schedule property
- nor even paid any damages to the plaintiff towards unauthorised occupation - on account of which, the plaintiff has suffered financial loss besides undergoing Cont'd..
-9- O.S. No.1263/2021 mental agony and therefore, the plaintiff has filed the present suit for a direction to the defendants to quit and deliver vacant possession of the suit schedule property to the plaintiff immediately and for costs.
10. During evidence, the plaintiff who has been examined as P.W.1, has filed his affidavit as examination-in-chief - in which also, he once again reiterated the facts alleged in the plaint as discussed above. In support of the contention of the plaintiff, the plaintiff has also produced the General Power of Attorney, sale deed dated:18.6.2010, short hold tenancy agreement dated:4.6.2019, office copy of the legal notice dated:14.12.2019 and 10.6.2020 along with postal acknowledgments, statement of accounts, copy of unsigned order dated 10.7.2020 passed in O.S. No.315/2020, e-Mails, Khata certificate, demand register extract and receipt dated 31.1.2014 - which are marked as Ex.P.1 to P.14.
11. On careful perusal of the pleadings, evidence adduced and the documents produced on behalf of the plaintiff, it clearly appears that the contention of the Cont'd..
- 10 - O.S. No.1263/2021 plaintiff that the defendants are tenants under the plaintiff under the lease hold agreement dated 4.6.2019 and thereafter, they have become defaulters in the matter of payment of rent in respect of the suit schedule property to the plaintiff and therefore, the plaintiff has legally and validly terminated the tenancy of the defendants under him by issuing legal notices dated 4.6.2019 and 10.6.2020 and even thereafter, the defendants have continued to stay in the suit schedule property - on account of which, the occupation of the defendants in the suit schedule property has become unlawful occupation and therefore, the defendants are liable to be vacated from the suit schedule property, appears to be true and correct. When the defendants have failed to appear and contest the suit even after service of summons, the evidence adduced and the documents produced on behalf of the plaintiff becomes unchallenged and hence, the evidence and the documents produced on behalf of the plaintiff assumes importance and there are no any reason to disbelieve or suspect the evidence of the plaintiff. Therefore, from the over all appreciation of the facts and circumstances Cont'd..
- 11 - O.S. No.1263/2021 of the case, it can be safely held that the defendants are liable to quit, deliver and hand over vacant possession of the suit premises to the plaintiff. Since the defendants' occupation in the suit schedule property is termed as unlawful occupation, the defendants are to be directed to quit, deliver and hand over the vacant possession of the schedule property to the plaintiff. Hence, Point Nos.1 to 3 are answered as above.
12. POINT No.4 : For my reasons and discussion on the above Points, I proceed to pass the following -
ORDER Suit of the plaintiff is decreed with cost.
The defendants are directed to quit, deliver and hand over vacant possession of the suit schedule property to the plaintiff within one month from the date of judgment.
Draw decree accordingly.
(Dictated to Judgment Writer, transcribed by him, revised by me and after corrections, pronounced in open Court on this the 13th day of January, 2023.) (MALLANANAGOUDA) VIII Additional City Civil and Sessions Judge, An&/- Bengaluru.
Cont'd..
- 12 - O.S. No.1263/2021
ANNEXURE
1. WITNESS EXAMINED FOR THE PLAINTIFF:
Examined on:
P.W.1 : Rohini Venkataswami 18-10-2022
2. DOCUMENTS MARKED ON BEHALF OF PLAINTIFF:
Ex.P.1 : Special Power of Attorney. Ex.P.2 : Sale deed dated 18.06.2010. Ex.P.3 : Shorthold Tenancy Agreement dated:4.6.2019.
Ex.P.4 : Office copy of the Legal Notice dated:14.12.2019.
Ex.P.5 : Office copy of the Legal Notice dated:10.6.2020.
Exs.P.6 to : Three postal acknowledgments. P.8 Ex.P.9 : Statements of accounts. Ex.P.10 : Copy of the unsigned order dated 10.7.2020 passed in O.S. No.3153/2020.
Ex.P.11 : Emails. Ex.P.12 : Katha Certificate. Ex.P.13 : Demand registered extract. Ex.P.14 : Receipt dated: 31.1.2014.
3. WITNESSES EXAMINED FOR THE DEFENDANTS:
Nil.
4.DOCUMENTS MARKED ON BEHALF OF DEFENDANTS:
Nil.
(MALLANANAGOUDA) VIII Additional City Civil and Sessions Judge, An&/- Bengaluru.
Cont'd..