Bangalore District Court
Smt. D.J. Kalpana vs Sri Kumarpal on 21 January, 2020
IN THE COURT OF THE LIX ADDL.CITY CIVIL & SESSIONS
JUDGE, BANGALORE CITY (CCH-60)
Dated this the 21st day of January 2020
: PRESENT :
Sri B.B.Jakati, B.A., LL.M.,
LIX Additional City Civil and Sessions Judge
Bangalore City.
O.S.No.4206/2019
PLAINTIFF: Smt. D.J. Kalpana,
W/o Sri D.K. Jayachandra Gupta,
Aged about 52 years,
R/at No.16, Girls School road,
Doddamavalli,
Bengaluru - 560 004.
(Rep.by Sri Satyanarayana Gupta N.S.,
Advocate)
DEFENDANTS: 1. Sri Kumarpal,
S/o Sri S. Babu
Aged about 38 years,
No.5 (Old CITB No.200),
Nineth Cross, Seventh Main,
Second Block, Jayanagar,
Bengaluru - 560 011.
R/at Apt.No.F-304,
"Adarsh Residency",
Eight Block, Jayanagar,
Bengaluru - 560 082.
2 O.S.No.4206/2019
2. Nikita Kumar Pal,
W/o Sri Kumar Pal,
Aged about 32 years,
No.5 (Old CITB No.200),
Nineth Cross, Seventh Main,
Second Block, Jayanagar,
Bengaluru - 560 011.
R/at Apt.No.F-304,
"Adarsh Residency",
Eight Block, Jayanagar,
Bengaluru - 560 082.
(D1 & 2 - ex-parte)
Date of institution of the suit : 14.06.2019
:
Nature of the suit Suit for Ejectment
Date of commencement of : 22.11.2019
recording of the evidence
Date on which the Judgment :
was pronounced. 21.01.2020
: Year/s Month/s Day/s
Total duration
00 07 07
(B.B. JAKATI)
LIX ACC&SJ : Bengaluru
JUDGMENT
This is a suit for ejectment and arrears of rent. 3 O.S.No.4206/2019
2. The case of the plaintiff in brief is that he is the landlord of schedule premises and he let out it to the defendants under the registered lease deed dated 26.02.2018. The rate of rent as on the date of the suit was Rs.3,21,000/- p.m. an the defendants are running jewellery business in the schedule premises. The defendants are required to pay GST of Rs.57,780/- including the other charges. The defendants have paid advance refundable security deposit of Rs.25,00,000/-. The defendants are defaulters in payment of rent. The defendants not paid the rent from 01.03.2018 till 28.02.2019 @ Rs.3,00,000/- p.m. Even they have not paid the rent from 01.03.2019 to 31.03.2019 @ Rs.3,21,000/- p.m. including the GST. The plaintiff and defendants agreed that the defendants shall pay interest @ 21% p.a. on the delayed payment of rent. The plaintiff terminated the tenancy of the defendants by issuing legal notice on 26.04.2019 which was served and tenancy came to an end w.e.f. 31.05.2019. The defendants not vacated the schedule premises and even not paying the arrears of rent. Hence, this suit. 4 O.S.No.4206/2019
3. The defendants did not appear inspite of service of summons and therefore, they have been placed exparte.
4. To prove the claim, the P.A.Holder of the plaintiff examined as P.W.1 and got marked the documents at Ex.P.1 to Ex.P.18.
5. Heard arguments of the learned counsel for the plaintiff and perused the records.
6. The following points that arise for my consideration:
1. Whether the plaintiff proves that defendants are the defaulters in payment of rent?
2. Whether the plaintiff is entitled for decree for ejectment?
3. Whether the plaintiff proves that the defendants not paid the rent from 01.03.2018 till filing of the suit?
4. Whether the plaintiff is entitled for arrears of rent and the interest?
7. My findings to the above points are in the Affirmative, for the following:
5 O.S.No.4206/2019
REASONS
8. POINT NO.1 TO 3 : - The PW.1 has stated on oath that plaintiff is the landlord and the defendants are the tenants over the schedule premises. He has also spoken about execution of registered lease deed dated 26.02.2018. He has also stated that the defendants are defaulters in payment of rent and issuance of notice for terminating the tenancy. Such important statements made by PW.1 are not denied by the defendants.
9. Ex.P.5 is the registered lease deed. This deed has been executed in between plaintiff and the defendants for lease of schedule premises. The rate of monthly rent was Rs.3,00,000/- for the period from 01.03.2018 to 28.02.2019. Such rent was enhanced to Rs.3,21,000/- p.m. for the period from 01.03.2019 to 29.02.2020. Increased rate of rent has been stipulated. The period of lease under Ex.P.5 is for five years commencing from 01.03.2018 and ending with 28.08.2023. The lock-in period is three years from 01.03.2018. The tenancy is monthly tenancy. There is a Clause in the lease deed that in case of three successive defaults, the lessor 6 O.S.No.4206/2019 shall have the right to terminate the tenancy. Even there is recital for payment of interest @ 21% p.a. for delayed payments. In Clause No.18 there is stipulation that the tenants are required to pay GST and other taxes of the schedule premises. The recitals made in Ex.P.5 are not denied by the defendants and all these recitals support the claim of plaintiff and the statement made by the PW.1.
10. Therefore, based on the evidence of PW.1 and Ex.P.5, I hold that the plaintiff is the landlord and the defendants are the tenants over the schedule premises. The defendants have committed default in payment of rent and therefore, it has given right to the plaintiff to terminate the tenancy even though lock-in period is three years and the total period of lease is five years. Pre-matured termination of tenancy is permissible under the lease deed because of the default committed by the defendants.
11. The plaintiff has produced the legal notice at Ex.P.6 dated 26.04.2019 issued to the defendants. He has also produced the postal acknowledgement at Ex.P.7, postal covers at Ex.P.9 and Ex.P.10, postal receipts at Ex.P.11 to Ex.P.14. The postal 7 O.S.No.4206/2019 endorsements are at Ex.P.15 to Ex.P.17. These documents show that the plaintiff has issued notice at Ex.P.6 to the defendants and sent the notice through registered post to different addresses. The address shown in the lease deed is shown in the notice. The copy of the notice is received by the defendants in one of the addresses, which can be seen from Ex.P.7 and 8. The notice sent to other addresses were returned with endorsement "Unclaimed". Such endorsements are sufficient to hold that notice at Ex.P.6 was served on the defendants No.1 and 2. Under Ex.P.6 the tenancy has been terminated and even arrears of rent has been claimed. Thus, I hold that under Section 106 of T.P.Act, the plaintiff has terminated the tenancy of the defendants.
12. The rate of rent shown in Ex.P.5 has not been disputed by the defendants. The plaintiff is claiming agreed rate of rent in the present suit and therefore, the claim of the plaintiff for arrears of rent and GST is in terms of Ex.P.5, for which the defendants have agreed. For these reasons I answer these points in the Affirmative. 8 O.S.No.4206/2019
13. POINT No.4 :- When the defendants have committed default in payment of rent, the plaintiff has terminated the tenancy in terms of Ex.P.5 and under Section 106 of T.P.Act. Therefore, the plaintiff is entitled for decree for ejectment. The plaintiff has established the agreed rate of rent for two years @ Rs.3,00,000/- p.m. and Rs.3,21,000/- p.m. Even he has shown that the rent is not paid from 01.03.2018 till date of termination of tenancy. Thus, the plaintiff is entitled for arrears of rent from 01.03.2018 including interest @ 21% pa. and the GST.
14. The occupation of schedule premises even after termination of tenancy is illegal and the defendants are in occupation of the schedule premises under the Doctrine of tenants at sufferance. Therefore, the plaintiff is entitled for mesne profits or damages for occupation of the schedule premises from the defendants from the date of termination of tenancy till the date of handing over actual possession. With these observations, I answer this point in the Affirmative and proceed to pass the following: 9 O.S.No.4206/2019
ORDER The suit of the plaintiff is decreed with costs.
The defendants are hereby directed to deliver the vacant possession of the schedule premises to the plaintiff within three months from today.
The defendants are hereby directed to pay rent @ Rs.3,00,000/- p.m. from 01.03.2018 to 28.02.2019 and Rs.3,21,000/- p.m. from 01.03.2019 to 31.03.2019.
The plaintiff is also entitled for GST @ 18% p.a. The plaintiff is entitled to recover interest @ 21% p.a. on arrears of rent from 01.03.2018 to 31.03.2019 and GST for the said period from the defendants. The defendants 10 O.S.No.4206/2019 are hereby directed to pay such amount to the plaintiff less already paid.
In default, the plaintiff is at liberty to recover the possession and amount shown above from the defendants in accordance with law.
There shall be an inquiry under Order XX Rule 12 of C.P.C. for mesne profits / damages from 01.06.2019 till handing over of possession to the plaintiff.
Draw decree accordingly.
[Dictated to the Judgment Writer, transcribed by her, corrected, signed and then pronounced by me, in the Open Court on this the 21st day of January 2020].
(B.B. JAKATI) LIX ADDL.CITY CIVIL &SESSIONS JUDGE BENGALURU CITY.
ANNEXURE
1. LIST OF WITNESSES EXAMINED ON BEHALF OF THE PLAINTIFF:
P.W.1 Sri D.K. Jayachandra Gupta 11 O.S.No.4206/2019
2. LIST OF WITNESSES EXAMINED ON BEHALF OF THE DEFENDANT/S:
NIL
3. LIST OF DOCUMENTS MARKED ON BEHALF OF THE PLAINTIFF.
Ex.P.1 GPA
Ex.P.2 Khatha Certificate
Ex.P.3 Khatha Extract
Ex.P.4 Tax paid receipt
Ex.P.5 Certified copy of lease deed dated
26.02.2019
Ex.P.6 Copy of legal notice
Ex.P.7, 8 Postal acknowledgements
Ex.P.9,10 Postal covers
Ex.P.11-14 Postal receipts
Ex.P.15-18 Track consignments of Postal authority
4. LIST OF DOCUMETNS MARKED ON BEHALF OF THE DEFENDANTS:
NIL (B.B. JAKATI) LIX ADDL.CITY CIVIL &SESSIONS JUDGE BENGALURU CITY.12 O.S.No.4206/2019
21.01.2020:
Judgment pronounced in the Open Court (Vide separate detailed judgment) ORDER The suit of the plaintiff is decreed with costs.
The defendants are hereby directed to deliver the vacant possession of the schedule premises to the plaintiff within three months from today.
The defendants are hereby directed to pay rent @ Rs.3,00,000/- p.m. from 01.03.2018 to 28.02.2019 and Rs.3,21,000/- p.m. from 01.03.2019 to 31.03.2019.
The plaintiff is also entitled for GST @ 18% p.a. The plaintiff is entitled to recover interest @ 21% p.a. on arrears of rent from 01.03.2018 to 31.03.2019 and GST for the said period from the defendants. The defendants are hereby directed to pay such amount to the plaintiff less already paid. 13 O.S.No.4206/2019 In default, the plaintiff is at liberty to recover the possession and amount shown above from the defendants in accordance with law.
There shall be an inquiry under Order XX Rule 12 of C.P.C. for mesne profits / damages from 01.06.2019 till handing over of possession to the plaintiff.
Draw decree accordingly.
(B.B. JAKATI) LIX ADDL.CITY CIVIL &SESSIONS JUDGE BENGALURU CITY.
14 O.S.No.4206/2019