Bangalore District Court
Sri. Ratanchand Bhandari vs Sri. Hastimal on 11 November, 2016
1 SCCH-1 HRC 78/2016
IN THE COURT OF THE CHIEF JUDGE,
COURT OF SMALL CAUSES AT BANGALORE
DATED THIS THE 11th DAY OF NOVEMBER` 2016
PRESENT: SRI H.P.SANDESH, B.A., LL.B.,
CHIEF JUDGE
HRC No.78/2016
Petitioner: Sri. Ratanchand Bhandari,
S/o. Late Poonamchandji,
Aged about 69 years,
R/at No. 7, 34th Cross,
9th Main Road,
4th Block, Jayanagar,
Bengaluru - 560 011.
(By Sri. H.J.Sanghvi, Advocate)
Vs.
Respondents: Sri. Hastimal,
S/o. Sri. Chintramalji, Major,
Proprietor of M/s. Mamatha Enterprises,
Shop No. 104, 1st Floor, Poonam Plaza,
Property bearing No.5, D.S.Lane,
Chickpet Cross, Bengaluru - 560 053.
(Exparte)
ORDER
The petitioner has filed this petition against the respondent under Section 27(2) (a) and (r) of the Karnataka 2 SCCH-1 HRC 78/2016 Rent Act, 1999 for eviction of the respondent from the petition schedule premises.
2. Brief facts of the case are as under:-
It is contended by the petitioner that, he is the owner in respect of shop bearing No. 5, D.S.Lane, Chickpet Cross, Bengaluru - 560053 which is morefully described in the schedule. It is further case of the petitioner that, the respondent is a tenant under the petitioner and he has occupied the premises on a monthly rent of Rs.2,300/- p.m. and the rent was enhanced to Rs.3,000/- p.m. from 01.04.2013. The respondent is a chronic defaulter in payment of monthly rents and he has not paid the rent from March 2010 upto to the end of February 2016 amounting to Rs.1,41,700/-. Despite personal visits and repeated reminders and legal notice dated 06.08.2012 he has not paid the rents.
Once again the petitioner got issued legal notice dated 22.02.2016 and the same was duly acknowledged by the respondent on 03.03.2016 and after receipt of the said notice respondent has paid the sum of Rs.23,000/- from 01.11.2010 3 SCCH-1 HRC 78/2016 to till 31.08.2011. The respondent has miserably failed to pay the rents accruing due from 01.09.2011 upto the end of 31.08.2016 amounting to Rs.1,66,700/- even after lapse of six months of legal notice.
3. It is further contended that, the respondent after receiving the notice did not quit and vacate the schedule premises nor paid the arrears of rent or replied to the said notice. Hence the respondent is liable to be evicted u/s.27(2)(a) of Karnataka Rent Act.
4. It is also the case of the petitioner that, petitioner bonafide and reasonably requires the schedule shop premise which is let out to the respondent to expand his business and he is not having any other suitable accommodation. Hence the petitioner has invoked petition u/s. 27 (2) (r) of Karnataka Rent Act. Hence prayed to allow the petition.
5. In pursuance of this petition, this Court issued notice to the respondent through Court and RPAD and the same was served on the respondent. Though notice was 4 SCCH-1 HRC 78/2016 served on the respondent, he did not chose to appear before the Court and contest the matter and hence he was placed exparte.
6. The petitioner in order to prove his case, examined himself as PW. 1 and got marked Ex.P.1 to P.5.
7. I have heard the arguments of counsel for petitioner.
8. Having perused the pleadings of the petitioner and having heard the arguments urged by the counsel for the petitioner and the material available on record, the points that arise for my consideration are as under:-
1) Whether the petitioner has made out ground to invoke Sec.27(2) (a) of Karnataka Rent Act 1999 to pass an order of eviction?
2) Whether the petitioner has made out ground to invoke Sec.27(2) (r) of Karnataka Rent Act 1999 to pass an order of eviction?
3) What order?5 SCCH-1 HRC 78/2016
9. My finding on the above said points is as under:-
Point No. 1 - In the Affirmative,
Point No. 2 - In the Affirmative,
Point No. 3 - As per final order,
for the following:-
REASONS
10. Point Nos.1 and 2 :- Since these points are inter- connected to each other, they are taken up together for discussion in order to avoid repetitions.
11. The sum and substance of the petition is that, petitioner is the absolute owner of the petition schedule premises and respondent is a tenant on a monthly rent of Rs.2,300/- p.m. and the same was enhanced to Rs. 3,000/- p.m. from 01.04.2013. He is a chronic defaulter in payment of rent and he has not paid the rent from March 2010 upto the end of August 2016 amounting to Rs.1,66,700/-. The respondent has issued legal notice and the same was acknowledged by the respondent and inspite of service of notice he did not pay the rent. Also it is the case of the 6 SCCH-1 HRC 78/2016 petitioner that, in order to expand his business the petition schedule premises is required.
12. Petitioner in order to substantiate his pleadings he has filed an affidavit reiterating the averments of the petition and also relied upon the documentary evidences which are marked as Ex.P1 to 5 i.e. 3 rent receipts, copy of legal notice, postal acknowledgment, Khatha extract and Khatha Certificate. The evidence of the petitioner has not been challenged by the respondent.
13. First and foremost ground urged by the petitioner is that, the respondent is in arrears of rent and produced Ex.P2 Legal notice. He has also produced Ex.P3 Acknowledgment for having delivered the article and these documents substantiates that, the Legal notice Ex.P2 was served on the respondent on 03.03.2016 and the respondent did not give any reply to the said notice nor contested the case. Hence it is clear that the statutory notice was served on the respondent on 03.03.2016 and this petition was filed on 22.09.2016 after expiry of 2 months from the date of delivery of notice. Hence petitioner 7 SCCH-1 HRC 78/2016 has complied with the statutory notice period to invoke Sec.27(2)(a) of Karnataka Rent Act. Hence I answer Point No.1 in the Affirmative.
14. Regarding requirement of the petitioner is concerned, it is the case of the petitioner that he is in need of the petition schedule premises to expand his business and he is not having any other alternative premises. The said pleading and evidence of the petitioner has not been challenged and no rebuttal evidence is placed before the Court inspite of service of notice to the respondent. Hence this court has presumed that the requirement is bonafide. In view of the above discussion, I am of the opinion that, the petitioner has made out the ground to invoke Sec.27(2)(r) of the Karnataka Rent Act. Hence I answer Point No.2 in the Affirmative.
15. Point No.3:- In the result, I proceed to pass the following:-
ORDER The petition filed by the petitioner under Section 27(2) (a) of the Karnataka Rent Act, 1999 is hereby allowed.8 SCCH-1 HRC 78/2016
The respondent is directed to pay arrears of rent of Rs.1,66,700/- as claimed in the petition to the petitioner and also pay the rent upto date from 01.09.2016 to till he vacates the schedule premises within one month from the date of this order, failing which, the respondent shall vacate and handover vacant possession of the schedule premises to the petitioner immediately, after the lapse of one month.
Petition filed by the petitioner under Section 27(2)(r) of the Karnataka Rent Act, 1999 is allowed, consequently, the respondent is directed to vacate and handover vacant possession of the schedule premises to the petitioner within two (2) months from the date of this order.
Under the facts and circumstances of the case, there is no order as to costs.
Draw decree accordingly.
(Dictated to the Stenographer, Script thereof is corrected, signed and then pronounced by me in the open court dated this the 11th day of November 2016) (H.P.SANDESH) Chief Judge, Bangalore SCHEDULE Shop bearing No. 104, 1st Floor, Poonam Plaza, property bearing No.5, D.S.Lane, Chickpet Cross, Bengaluru - 560 053 measuring 130 Sq.Ft. and bounded as follows: 9 SCCH-1 HRC 78/2016
East to West : Shop No.105;
West by : Shop No.103;
North by : Private property;
South by : Passage;
ANNEXURE
List of witness examined on behalf of the Petitioner:
PW.1 : Ratanchand Bhandari List of documents marked on behalf of Petitioner:
Ex.P-1 : 3 rent receipts Ex.P-2 : Office copy of legal notice Ex.P-3 : Postal acknowledgement Ex.P-4 : Katha Extract Ex.P-5 : Katha Certificate List of witness examined on behalf of the Respondent: Nil List of documents marked on behalf of Respondent: Nil (H.P.SANDESH) Chief Judge, Bangalore S.D. *********** 10 SCCH-1 HRC 78/2016 11.11.2016 Petitioner by HJS Respondent - Exparte For orders Order pronounced in Open Court vide separate order ORDER The petition filed by the petitioner under Section 27(2) (a) of the Karnataka Rent Act, 1999 is hereby allowed.
The respondent is directed to pay arrears of rent of Rs.1,66,700/- as claimed in the petition to the petitioner and also pay the rent upto date from 01.09.2016 to till he vacates the schedule premises within one month from the date of this order, failing which, the respondent shall vacate and handover 11 SCCH-1 HRC 78/2016 vacant possession of the schedule premises to the petitioner immediately, after the lapse of one month.
Petition filed by the petitioner under Section 27(2)(r) of the Karnataka Rent Act, 1999 is allowed, consequently, the respondent is directed to vacate and handover vacant possession of the schedule premises to the petitioner within two (2) months from the date of this order.
Under the facts and circumstances of the case, there is no order as to costs.
Draw decree accordingly.
(H.P.SANDESH) CHIEF JUDGE 12 SCCH-1 HRC 78/2016 S.C.C.H.NO.1 DECREE IN THE COURT OF SMALL CAUSES COURT, AT BANGALORE.
HRC No.78/2016 Petitioner: Sri. Ratanchand Bhandari, S/o. Late Poonamchandji, Aged about 69 years, R/at No. 7, 34th Cross, 9th Main Road, 4th Block, Jayanagar, Bengaluru - 560 011.
(By Sri. H.J.Sanghvi, Advocate) Vs. Respondents: Sri. Hastimal, S/o. Sri. Chintramalji, Major, Proprietor of M/s. Mamatha Enterprises, Shop No. 104, 1st Floor, Poonam Plaza, Property bearing No.5, D.S.Lane, Chickpet Cross, Bengaluru - 560 053.
(Exparte) CLAIM: Suit filed on ..................... and prays for directing the respondent to deliver the vacant possession and such other reliefs.
13 SCCH-1 HRC 78/2016This suit coming on for final disposal before Sri. H.P.Sandesh., Chief Judge, CSC, Bangalore, in the presence of Sri. Advocate for the petitioner and Sri. Advocate, for the Respondent.
ORDER The petition filed by the petitioner under Section 27(2) (a) of the Karnataka Rent Act, 1999 is hereby allowed.
The respondent is directed to pay arrears of rent of Rs.1,66,700/- as claimed in the petition to the petitioner and also pay the rent upto date from 01.09.2016 to till he vacates the schedule premises within one month from the date of this order, failing which, the respondent shall vacate and handover vacant possession of the schedule premises to the petitioner immediately, after the lapse of one month.
Petition filed by the petitioner under Section 27(2)(r) of the Karnataka Rent Act, 1999 is allowed, consequently, the respondent is directed to vacate and handover vacant possession of the schedule premises to the petitioner within two (2) months from the date of this order.
Under the facts and circumstances of the case, there is no order as to costs.
14 SCCH-1 HRC 78/2016And its is further ordered and decreed that Respondent do pay to the petitioner sum of Rupees beings the amount of costs incurred in this suit, as by memorandum of annexed with interest thereon at per annum from this date unto the date of realization.
Given under my hand and seal of the Court this day of 2016.
Registrar, Court of Small Causes, BANGALORE.
MEMORANDUM OF COST By the Court fee paid on Petition Court fee paid on Powers Court fee paid on exhibits Service of Process + Postal charges Commissioner's fees Pleaders fee Total Rs.
15 SCCH-1 HRC 78/2016
SCHEDULE Shop bearing No. 104, 1st Floor, Poonam Plaza, property bearing No.5, D.S.Lane, Chickpet Cross, Bengaluru - 560 053 measuring 130 Sq.Ft. and bounded as follows:
East to West : Shop No.105;
West by : Shop No.103;
North by : Private property;
South by : Passage;
Decree Drafted Scrutinised by Registrar,
Court of Small Causes,
Decree clerk Sheristedar BANGALORE.
16 SCCH-1 HRC 78/2016
17 SCCH-1 HRC 78/2016