Bangalore District Court
Sri. A.M.R. Reddy vs C.V. Jayaram on 8 July, 2015
IN THE COURT OF V ADDL. SMALL CAUSES JUDGE
& XXIV A.C.M.M.
Court of Small Causes, Mayo Hall Unit, Bengaluru.
(SCCH.20)
Dated this the 8th day of July, 2015
Present: Smt.K.BHAGYA,
B.Com., LL.B.
V Addl. Small Causes Judge & XXIV
A.C.M.M., Member, M.A.C.T.,
Bengaluru.
S.C.No.15021/2015
Plaintiff : Sri. A.M.R. Reddy,
S/o Late Muniswamy Redy,
Aged about 59 years,
R/at; 39/2,
Mavalli Tank Bunk road,
Bangalore - 560002.
Represented by his GPA holder,
Sri. Suryaprasad,
S/o late Nanjappa,
Aged about 54 years,
R/at; 39/2,
Mavalli Tank Bunk road,
Bangalore - 560002.
(By Pleader Sri.Girish Kodgi)
-V/s-
SCCH-20 2 SC.15021 / 2015
Defendant : C.V. Jayaram,
Aged about 53 years,
S/o late Venkatachallaiah,
No.162/2, Tank Bund Road,
Bangalore - 560002.
(Placed Exparte)
JUDGMENT
The plaintiff has filed present suit against the defendant for the relief of quit, vacate, deliver and hand over the vacant possession of the suit schedule property to the plaintiff and arrears of rent and other charges with costs.
2. The brief facts of plaintiff's case are as under:
The plaintiff is the absolute owner of the suit schedule property, as he has acquired the same through two registered sale deeds dt; 02-4-2005 and same is reflected in the Katha certificate issued by the B.B.M.P under PID No.48-72-39/2. It is further contended that, he has paid Tax to the said property regularly. It is further contended that, the respondent has disturbing SCCH-20 3 SC.15021 / 2015 his possession over the suit schedule property, by opening a gate of premises compound and tried to park their Lorries there. It is further contended that, the Plaintiff has approached the police also, but they have not taken any action against the defendant, as the defendant is the very influential and economically stronger. It is further contended that, one Bhadrachalapathi Rao was the Vendor of the Plaintiff and on the basis of alleged rent Agreement dt; 21-06-1997, between said M.B. Bhadrachalapathi Rao and the respondent, on suit schedule property, he has parking the vehicle in the said premises. But, the said Bhadrachalapathi has not sent any rent to the petitioner and the said rent was for a period of 10 months and thereafter, said rent was not renewed. Therefore, there is no need for issuance of a notice of termination of tenancy as per Section 111 of Karnataka Rent Act. It is further contended that, the respondent has not paid rent from 02-04-2005. It is further contended that, similarly, one Suresh @ Suri has alleged that, he was a tenant under the said Sri.M.B. Bhadrachalapathi and continuation of the same. Hence, the petitioner has filed a suit in SC.2631/2011 and got him evicted.SCCH-20 4 SC.15021 / 2015
3. After institution of the suit, suit summons was served on the defendant. But, the defendant did not appear before the Court and hence, he placed as exparte.
4. In order to prove the case of plaintiff, the General Power of Attorney holder of the plaintiff is examined as P.W.1 and got marked 8 documents at Ex.P.1 to Ex.P.8.
5. Heard the arguments of the Petitioner and perused the written arguments filed by the Petitioner.
SCHEDULE (Composite Property) (Northern and Southern portions, as one Unit) Property bearing No.39/2, Old No.162/1, bearing PID No.48-72-39/2, situated at Mavalli Tank bund road, BBMP Division, No.27, Old ward No.42, Present BBMP ward No.48, Bangalore 560 002, measuring East to West : 135 ft., North to South : 45 feet, in all measuring 6075 Sq.ft., bounded On;
SCCH-20 5 SC.15021 / 2015 East : Mavalli Tank bund road,
West : Nazeer Khan's Property,
North: N.Panduranga Rao's Property,
South: Lakshminarayanappa's House and
Vacant land.
SCHEDULE-A
(Northern half portion covered under the first sale deed dt; 2-4-2005 vide document No.BSG-1-00030- 2005-06, CD.No.BSGD48, in the Office of the Sub- Registrar, Basavanagudi, Bangalore).
Northern Half portion of the property bearing No.39/2, bearing PID no.48-72-39/2, Municipal No.162/1, situated at Mavalli Tank bund road, BBMP ward No.42, division No.27, Bangalore - 560 027, measuring East to west ; 135 ft., North to south: 22.6 ft, bounded on :-
East : Mavalli Tank bund road,
West : Nazeer Khan's property,
North : N. Panduranga Rao's Property,
South : Remaining southern portion of the same
property.
SCCH-20 6 SC.15021 / 2015
SCHEDULE-B
(Southern half portion covered under the Second sale deed dt; 2-4-2005 vide document No.BSG-1-00031- 2005-06, CD.No.BSGD48, in the Office of the Sub- Registrar, Basavanagudi, Bangalore).
Southern Half portion of the property bearing No.39/2, bearing PID no.48-72-39/2, Municipal No.162/1, situated at Mavalli Tank bund road, BBMP ward No.42, division No.27, Bangalore - 560 027, measuring East to west ; 135 ft., North to south: 22.6 ft, bounded on :-
East : Mavalli Tank bund road,
West : Nazeer Khan's property,
North : Remaining Northern portion of the same
property.
South : Lakshminarayanappa's Property,
6. Heard the arguments of Plaintiff side and perused the written arguments filed in this suit.
7. In view of the above pleadings and evidence on record, the points that arise for my consideration are:-
SCCH-20 7 SC.15021 / 20151. Whether the Plaintiff has terminated the tenancy as per Law?
2. Whether the plaintiff has proved that, he is entitled for suit claim from the defendant as prayed?
3. What order?
8. My answer to the above points are as under:
Point No.1 In the Negative,
Point No.2 In the Negative,
Point No.3 As per final order
for the following:
REASONS
9. Point No.1 & 2: In order to avoid repetition of facts, I took these issues together for consideration.
10. I have gone through the papers available on record. Here, the plaintiff has filed present suit against the defendant for relief of vacant possession of the suit schedule property and for arrears of rent and other charges with costs.
11. The General Power of Attorney of the Plaintiff got examined as P.W.1 and he filed his affidavit in lieu of SCCH-20 8 SC.15021 / 2015 his chief examination as P.W.1. In which, he has reiterated all the averments made in the plaint itself. In order to prove his case, he has produced 8 documents at Ex.P1 to 8. Among them, Ex.P1 is the copy of General Power of Attorney, Ex.P2 and 3 are the Two Copies of sale deeds, Ex.P4 is the Katha Certificate, Ex.P5 is the Katha extract, Ex.P6 is the Tax paid receipt, Ex.P7 - Copy of Rent Agreement, and Ex.P8 is the Copy of Photo and Negative, annexed to the Judgment and Decree in S.C. 2631/2011 on the file of Court of Small Causes, SCCH-7, Bangalore.
12. Here, the defendant did not appear before the court and contested the case of the Petitioner by adducing oral or documentary evidence. The Katha certificate, Katha extract and Property tax receipt are in the name of A.M.R Reddy, i.e., the Plaintiff. The ExP.2 and 3 are the sale deeds in respects of Northern portion of the No.39/2 and the Southern portion of the same No.39/2. Thus, through these two sale deeds the plaintiff A.M.R. Reddy has purchased the composite property i.e., the schedule property. The Ex.P7 is the Rent agreement entered into between Sri.Bhadrachalapathi Rao & this Respondent C.V. SCCH-20 9 SC.15021 / 2015 Jayaram. Here the Plaintiff filed this suit for vacant possession of the Premises and also for arrears of rent of Rs.90,000/-. But, no notice has been sent to the Respondent. In para 8 of the Plaint it is stated that, " The respondent has allegedly paid rent of Rs.3000/- to the vendor of the Petitioner Sri.M.B.Bhadrachalapathi Rao. He has not paid any rent to the Petitioner at all. The agreement is for a period of 10 months and hence, tenancy has expired by afflux of time and no further renewal has been done. So, there is no need for issuance of notice of termination of tenancy as per Sec.111 of Karnataka Rent Control Act " But, when this court has gone through all Karnataka Rent Control Act (Old and New), there is no such Section as Sec.111.
13. Here this suit is filed for eviction, but notice has not been sent as per Law. Issuance of notice itself is the main criteria in a suit for eviction. Otherwise, such suit has to be dismissed.
14. Though, it is argued by the General Power of Attorney holder Sri.Suryaprasad that, the defendant was a tenant under one Bhadrachalapathirao, as if he do not SCCH-20 10 SC.15021 / 2015 know the said Bhadrachalapathirao, the Ex.P2 the sale deed reveal that, this General Power of Attorney holder Sri.Suryaprasad executed the said sale deed as a General Power of Attorney holder of the same M.Bhadrachalapathirao in favour of A.M.R. Reddy. Further, ExP1 is the Certified copy of the G.P.A executed by the same A.M.R. Reddy in favour of this Suryaprasad. That means, this G.P.A. holder of the Plaintiff was also a G.P.A. Holder of the same M.Bhadrachalapathirao, under who this defendant was a tenant as per the say of this G.P.A. holder of the Plaintiff.
15. Under the above said facts and circumstances, this court is of the view that, there is some fishy in the alleged relationship between the parties. Moreover, the main criteria ie., issuance of notice has not been complied with by the Plaintiff. So, this suit has to be dismissed. Accordingly, I answered Point No.1 & 2 in the Negative.
16. Point No.3: In view of my findings on point No.1, I proceed to pass the following:
SCCH-20 11 SC.15021 / 2015ORDER The suit is hereby dismissed.
Draw decree accordingly.
(Dictated to the Stenographer directly on Computer, corrected and then pronounced by me in the open court on this the 8th day of July 2015).
(K.BHAGYA) V ASCJ & 24th ACMM, Court of Small Causes, Mayo Hall Unit, Bengaluru.
ANNEXURES Plaintiff's Witnesses:
P.W.1 : Suryaprasad,
Plaintiff's Exhibits:
Ex.P1 : Copy of General Power of Attorney,
Ex.P2
and 3 : Two Copies of sale deeds,
Ex.P4 : Katha Certificate,
Ex.P5 : Katha extract,
Ex.P6 : Tax paid receipt,
Ex.P7 : Copy of Rent agreement,
SCCH-20 12 SC.15021 / 2015
Ex.P8 : Copy of Photo and Negative, annexed to
the Judgment and Decree in S.C.
2631/2011 on the file of Court of Small Causes, SCCH-7, Bangalore.
Defendant's Witnesses:
-Nil-
Defendant 's Exhibits:
-Nil-
(K.BHAGYA) V ASCJ & 24th ACMM, Court of Small Causes, Mayo Hall Unit, Bengaluru.