Bangalore District Court
Mrs.(Dr) Nayana Menon vs Mr.Ashok Kumar Agarwal on 6 November, 2021
IN THE COURT OF THE III ADDL.CITY CIVIL & SESSIONS
JUDGE, BENGALURU CITY (CCH No.25).
Dated: This the day of 6th day of November, 2021.
Present: Smt. ISHRATH JAHAN ARA, B.A.L., LL.B.,
III Addl. City Civil & Sessions Judge, Bengaluru.
O.S.No. 3839/2020
Plaintiffs Mrs.(Dr) Nayana Menon
D/o.Rear Admiral B.r.Menon(Retd.)
Aged about 46 years, Currently Resident
of # Baleyam, Model Engineering College
Road,Thrikkakara P.O. Kochi 682021
Mobile No.9745607892.
By Sri. S.G.S., Advocate.
vs.
Defendants Mr.Ashok Kumar Agarwal
R/o.No.G-03, Ground floor,
Prestige Andree Residences,
No.11 & 11/1, Andree Road,
Shanthinagar, Bengaluru- 560 027.
and also at:
No.301, Neelakanta Apartments,
No.8, Andree Road, Shanthinagar,
Bengaluru- 560 027,
Mob-94481130040
By Sri. R.P., Advocate.
Date of Institution 26-08-2020
Nature of Suit Ejectment
Date of commencement of 02.09.2021
evidence
2
O.S.No.3839/2020
Date of pronouncement of 06.11.2021
Judgment
Total Duration Years Months Days
01 02 10
JUDGMENT
The Plaintiff has filed this suit against the defendant for Eviction and Possession of Suit Schedule Property directing the defendant to pay mesne profits @ 1,11,000/- p.m. from the period 01.07.2020 to 31.07.2020, for maintenance charges of Rs.13,793/- from the month of July,2020, cost of legal notice and also for mesne profits for the current and future interest @ 1,10,000/- p.m. from 01.08.2020 along with maintenance charges of Rs.13,793/- as per the rate fixed by the Association of the Apartment Owners and also for the interest @ 18% p.a. on the mesne profits and maintenance charges.
2. It is the case of the Plaintiff that, the plaintiff is the absolute owner of the suit schedule property as he acquired the suit property under a Registered Gift Deed dated 09.05.2017 and based on the said Gift Deed executed by his father, he became the Kathedar of the suit property and he is regularly paying tax payable to the suit property.
3O.S.No.3839/2020 The defendant was looking out for a residentila accommodation for his own use and occupation and he by showing his interest in the suit property contacted the plaintiff for the lease of suit property and accordingly, the defendant was inducted as a tenant in the suit property, which was totally furnished and fully equipped together with garden area on a monthly rent of Rs.1,00,000/-(exclusive of Electricity charges and Quarterly Maintenance Charges payable to the Apartment Owners Association), payable on or before 10 th day of every month starting from 1st August ,2019, on a lease period of 11 months from the said date. The defendant has also entered into a Rental Agreement on 18.07.2019 by paying refundable interest free security deposit amount of Rs.25,00,000/- being refundable only at the time of vacating and handing over the vacant possession of the premises. As per the terms of lease agreement, the defendant was required to keep the schedule property in good and tidy condition and not to cause any damage during the said period and if the damage is occurred, then he would have to sole the same at his own risk and responsibility or the said amount was de able from the security deposit amount while vacating the premises. The defendant had paid the rent for the month of August, September and October, 2019.
4O.S.No.3839/2020 However, he became the defaulter in paying the rentals of the subsequent months and failed and neglected to pay the same, as they fell due, inspite of repeated requests and demand made by the plaintiff. Due to negligence of this defendant, on 10.12.2019 at about 7-45 p.m., there was a fire accident in the suit property and even the Fire Brigade had summoned by the Association to extinguish the fire as they happened to notice no one was inside the schedule property, at that time, even the doors were found locked. Due to this fire accident, huge damage was caused to the suit schedule property,wherein the A.C.Unit, Sofa Set, Two large Centre Tables and four small peg tables, six Seater large dining table, Two large Chandeliers and electrical Wall lights and shades in the main hall, 32 " T.V. with Receiver, A wooden Bar in the Hall were damages along with heavy electrical repairs and switches in the main hall were also damaged. The Association ((prestige Andree Residences Apartment owners) has sent a letter dated 16.12.2016 in favour of this plaintiff and in the said letter the Association has informed the volumes about the negligence and carelessness on the part of the defendant,which was caused great damage to the suit property. The Association has also conducted a survey to find out the possible cause of accident. But, however, the defendant did 5 O.S.No.3839/2020 not make any effort to investigate into the cause of the accident let alone as to the damage to the schedule property including the furnitures and fixtures of the wall. The defendant has stated to the Association that the early morning of the day after the fire, sought to move away with certain things much against the instructions of the Fire Department not to take away anything from the scene till the investigation into the cause of the fire was completed. The defendant without showing any concern or take any initiative even to get in touch with the plaintiff or the Association let alone taking any steps to remedy the damages either to the schedule property or the external area or the common area much less replace the damaged furniture and fixtures. The damage which does not include cost and expenses in relation to the external and common area was assessed to be at Rs.4.00 Lakh and the same was duly informed to this defendant and make it clear that the said sum would be deducted from the interest free security deposit amount. The defendant did not make any efforts to even to pay the rental arrears as on the date of such accident and even on the subsequent months and even he failed to pay the damages caused to the suit property due to the fire accident. The plaintiff has informed the defendant by letter dated 18.02.2020, 6 O.S.No.3839/2020 19.03.2020 and 04.06.2020 calling upon the defendant to pay the damages along with rental rentals. But however, the defendant is not interested in continuing his tenancy.
It is the case of the plaintiff that on the end of midnight of 30th June, 2020 by efflux of time, the tenancy of the defendant was terminated and the said fire was duly informed to the defendant and directed the defendant to vacate the possession of the residential accommodation and handover the vaccinate possession along with keys in duplicate of all the doors and almirahs along with the papers given to him at the time of leasing out and also informed that the plaintiff will deduct the arrears of rent and other expenses and damages caused to the suit property due to the fire mishap from the security deposit amount. The defendant even after receipt of legal notice did not respond and he failed to comply the demand made in the notice. The defendant has not taken any steps to replace the damaged furniture and fixtures and likewise, he has not taken any steps to carry out the essential repairs to the damages caused to the interiors or the external. The defendant is liable to pay the loss by paying a sum of Rs..4,00,000/-. The defendant is liable to pay interest on the arrears of rentals ! 18%p.a. and also liable to pay mesne profits for 7 O.S.No.3839/2020 continued occupation of the suit property @ Rs.1,10,000/- p.m. from 01.07.2020 till the date of handing over the possession.
The defendant did not respond to any of the letters referred sent to the defendant nor he has complied with the legitimate request made in the letters and therefore, the plaintiff has constrained to issue legal notice calling upon the defendant to forthwith quit and handover the vacant possession of the suit property within 15 days form the date of receipt of the said notice and also called upon to pay the mesne profits. The said notice issued to the defendant through Registered post A.D. and Courier was duly served upon the defendant. The defendant even after receipt of legal notice dated 02.07.2020 has failed to comply the demand mad ein the notice. But however, he continued in possession of the suit property even after termination of lease period. The defendant has also failed to pay the rent payable to the suit property and therefore, the defendant is liable to pay mesne profits ! Rs.1,10,000/- p.m. from 01.07.2020 till he handover the vacant possession of the suit property along with all the furnitures and fixtures. It is his case that after adjusting the rental arrears of Rs.8,00,000/- on 30.06.2020 and the interest thereon at 18% p.a. for the delay till 30.06.2020 along with maintenance arrears 8 O.S.No.3839/2020 amounting to Rs.41,378/- for the period of 1st April, 2020 to 30th June,2020 and a sum of Rs.4,00,000/- being the damage caused to the suit prperty amounting to Rs.12,96,278/- from out of the security deposit amount of Rs.25,00,000/-.The defendant is due and liable to pay a sum of Rs.1,73,793/- and mesne profits of Rs.1,10,000/- plus 13,793/- maintenance charges along with notice charges of Rs.50,000/-. Accordingly,the defendant is due of Rs.12,96,278/- and also liable to pay a sum of Rs.1,73,793/-. After intermediation of tenancy of the defendant over the suit property, the defendant is still is in occupation of the suit property illegally. Hence without any alternative, the plaintiff approached this Court and filed this suit.
3. After service of summons, the Defendant appeared and filed his Written Statement,wherein the defendant denied the very fact that he is a tenant in the suit property under this plaintiff, interalia stated that the plaintiff has filed this suit on the frivolous and vexatious grounds with malafide intention for causing loss to this defendant without any pre-existing right over the suit property. This defendant is the Sale Agreement Holder in the suit property as he has purchased the suit property by entering into a Sale Agreement to sell with plaintiff 9 O.S.No.3839/2020 on 18.07.2019 before the witnesses. The defendant by agreeing to purchase the suit property from this plaintiff has entered into a Sale Agreement along with the super built up area of 2527 Sq.ft., incluisve of proportionate share in the common use with two covered car parking spaces along with enjoyment of private garden area of 2149 Sq..ft., abutting to the property and also the Entrance, lobby, Lift lobby and private garden in Prestige Andree Residence. Under the Sale Agreement, the defendant has agreed to purchase the entire suit property for the total consideration of Rs.4,21,59,000/- and on the date of Agreement, he has paid a sum of Rs.35,00,000/- along with mutually agreed two apartments worth of Rs.3-00 Crores. The plaintiff has handed over the vacant possession of the same as per the mutual understanding between the plaintiff and defendant, after the defendant has paid the advance amount by way of cash under the Sale Agreement. As per the terms of the Sale Agreement, if the delay of the registration as per the understanding of the parties, every month has to pay a sum of Rs.1,00,000/- along with expert maintenance charges in it added to the sale consideration amount and it has to be adjustable against the sale proceeding of the property. This defendant has reliably learnt that the plaintiff is not ready and willing to perform his party 10 O.S.No.3839/2020 of the contract as per the terms of the Sale Agreement and she has violated the terms and conditions of the Sale Agreement. This defendant is always ready and willing to perform his party of the contract as per the terms of the Sale Agreement and orally requested several time to the plaintiff to come forward and get the registration of the Sale Deed in respect of the suit property within the stipulated time after receiving balance sale consideration amount. It is the plaintiff. Who has intentionally denied and demanded for handover of the possesison of the suit property and she has failed to perform here part of the contract. This defendant has called upon the plaintiff to perform her part of the contract as per the terms of the Sale Agreement and this plaintiff instead of performing her part of the contract, with malafide intention and to mislead this defendant filed this false suit only with an intention to grab the advance amount. The plaintiff has cheated this defendant and handed over the vacant possession with defective electrical problem of the dwelling house and due to the electricity damage and fault of this plaintiff for not rectifying electrical problems, the electrical short circuit was occurred and due to negligence of this plaintiff, this defendant has suffered huge loss more than Rs.4,00,000/-.This defendant is not negligent and electrical accident 11 O.S.No.3839/2020 was not due to fault of this defendant. It is this plaintiff, who has to compensate the defendant for the damages and also for mental agony suffered by this defendant. The plaintiff and her son-i-law by using filthy language and also by sending letters caused mental agony to this defendant and also asking the rent and compensation for the damages, which has not arised as per the terms and conditions of the Sale Agreement. There is no cause of action for the plaintiff to file this suit. The plaintiff based on the false set of facts filed this false suit and the same is not maintainable. Hence, prayed to dismiss the suit of the plaintiff.
4. Based on the above pleadings, the Court has framed following issues:-
1. Whether the Plaintiff proves that the Defendant is a tenant in the suit property on a monthly rental of Rs.1-Lakh under Rent Agreement dated 18-7-2019?
2. Whether the Plaintiff proves that, that she has duly terminated the tenancy of the Defendant u/S.106 of T.P.Act?
3. Whether the Plaintiff proves that the Defendant is a chronic defaulter in payment of rental and he is due of arrears of rent since December 2019?
4. Whether the Plaintiff is entitled for vacant possession of the suit schedule property?12
O.S.No.3839/2020
5. Whether the Plaintiff is entitled for mesne profits at the rate of Rs.1,10,000/- p.m. from 1-7-2020 to 31-7-2020?
6. Whether the Plaintiff is entitled for current and future mesne profits at the rate of Rs.1,10,000/- p.m. from 1-8-2020?
7. What Order or Decree?
5. The Plaintiff in order to prove her case, got examined herself as P.W.1 and from here side 17 documents were marked as per Ex.P1 to Ex.P17 and closed her side of evidence. After closure of the plaintiff's side evidence, the defendant neither chosen to cross examine P.W.1 nor he has lead any evidence from his side.
6. Heard arguments and perused the records..
7. The answers to the above Issues are:
Issue No.1 - In the Affirmative, Issue No.2 - In the Affirmative, Issue No.3 - In the Affirmative, Issue No.3 - In the Affirmative, Issue No.4 - In the Affirmative Issue No.5 - In the Affirmative Issue No.6 - In the Affirmative Issue No.7 - As per Final Order, for the following:13
O.S.No.3839/2020 R E A S ON S
8. Issues No. 1 to 6 As these Issues are interconnected with each other, they are taken together for consideration, in order to avoid repetition of facts.
9. The entire burden is on this plaintiff to prove her case and also to prove all these issues. The plaintiff in order to prove her case and also to prove these issues stepped into the witness box and got examined as P.W.1. P.w.1 filed her affidavit in lieu of oral evidence, wherein she has reiterated the plaint averments and deposed that she is the absolute owner of the suit property and she has leased out the suit property in favour of this defective on a monthly rent of Rs.1,00,000/- inclusive of electrical charges and quarterly maintenance charges payable to the suit property and she has executed a Lease Deed in favour of this defendant on 18.07.2009. She deposed that the defendant by agreeing the terms and conditions of the lease has entered into a Lease Agreement on 18.07.2019 after paying refundable interest free security charge of Rs.25,00,000/-, which will be refundable only at the time of quittin, vacating and handing over the vacant possession of the suit property. She deposed that as per the terms of the Lease Agreement, the lease period is for 11 14 O.S.No.3839/2020 months from the date of lease and this defendant is required to keep the schedule property in tidy condition without causing any damages during the period of his stay and if any damage is occurred, then he would have to solve the same at his own risk and responsibility or the said amount was deductible from the security deposit amount,while vacating the premises. She deposed that the defendant has paid rents only for the month of August, September and October, 2019 and subsequently, he became chronic defaulter in paying the rents and moreover, he failed and neglected to pay the rent, inspite of her repeated requests and demand. She further deposed that due to negligence of this defendant, on 10.12.2019, at about 7-45 p.m.,, there was fire accident took place in the suit property, wherein the huge damage was caused to her property along with there was damage to the A.C.Unit affixed to the suit property, along with Sofa Set. Central Tables, Two large Centre Tables and four small Peg Tables, six Seater large Dining table, Two large Chandeliers and electrical Wall lights and shades in the main hall, 32'' T.V. with Receiver, A wooden Bar in the Hall, which was broken and also damaged to the Heavy electrical repairs to the wires and switches of the house, Flooring of the main Hall was damaged and also the private garden of 2200 Sq.ft., along with Lawn was 15 O.S.No.3839/2020 damages. She deposed that the Association has sent letter to this defendant on 16.12.2009 by stating that due to negligence and carelessness of this defendant, the Association has struggled to bring down and put off the fire to avert greater damage to the schedule property. She deposed that building Association has conducted survey to find out the cause of accident. But however, the defendant did not make any effort to investigate the cause of accident and he let alone to the damage to the suit property as well as to the furnitures and fixtures. She deposed that due to negligence and carelessness of this defendant, she has suffered damages at the cost of Rs.4,00,000/- and the same was informed to this defendant with a request to make payment of the same and clear the said sum and if he failed to make payment, the same would be deducted from the interest free security deposit paid under the lease agreement. She deposed that the defendant even after receipt of letters and notices has neither chosen to pay the damages, which occurred due to his negligence nor he has paid the arrears of rent payable for the use and enjoyment of the suit property. She deposed that on 18.02.2020, on 19.03.2020 and again on 04.06.2020, she has sent letters to this defendant calling upon him to comply the demand made in the lease. But however, the defendant even after receipt 16 O.S.No.3839/2020 of the lease amount has not chosen to comply the same and as such she was not interestedf to continue the tenancy of this defendant. She deposed that the tenancy of this defendant was also coming to an end on the mid night of 30.06.2020 by efflux of time and thus stand terminated by efflux of time as well. She deposed that, that she has clearly informed the defendant through a letter to vacate the suit schedule property and handover the vacant possession of the same. But however, the defendant has not complied the same. She deposed that on 27.07.2020, she has sent a legal notice by calling upon the defendant to quit and handover the vacant possession of the suit property by terminating the tenancy of the defendant and called upon his to handover the vacant possession of the suit property within 15 days from the date of receipt of the notice and also called upon him to pay the damages as well as the mesne profit. She deposed that the ntoice sent by her through RPAD as well as Speed post, courier was also served upon this defendant. Even after the receipt of the legal notice, he has neither chosen to comply the demand made in the notice nor he has paid the arrears of rent. She deposed that she has also given an option to the defendant to purchase the suit property within a period of 6-12 months from 18.07.2019 on a sale consideration 17 O.S.No.3839/2020 amount of Rs.421,59,000/- and also informed that the security deposit amount would be adjusted towards the sale commiseration amount. But however, this defendant has not shown any inclination to exercise such an option to purchase the schedule property within the stipulated time. She deposed that the defendant even after termination of tenancy continued to be in possession of the suit property and he became a chronic defaulter in payment of rentals as well as the maintenance charges payable to the suit property and this defendant is due a sum of Rs.12,96,278/- along with he is liable to pay a sum of Rs.1,73,793/- i.e., mesne profit of Rs.1,10,000/- p.m. plus 13,793/- maintenance charges from the month of July,2020 and also liable to pay the notice charges of Rs.50,000/-. Hence, he has approached this Court and filed this suit.
10. PW.1 in order to corroborate her testimony and to prove her case got produced the original Gift deed executed by her father in her favour in respect of the sit property on 09.05.2017 marked as per Ex.P1.she got produced the Khatha Certificate and Tax Paid Receipt to prove that the Khatha of the suit property is standing in her name and she is paying tax payable to the suit property being the absolute owner of the suit property under Ex.P1 marked as 18 O.S.No.3839/2020 per Ex.P2 to Ex.P4 respectively. She got produced the original Rental Agreement entered into between herself with this defendant on 18.07.2019 in respect of the suit property marked as per Ex.P5. She got produced the letter sent by her to this defendant on 18.07.2019 along with postal receipt and postal acknowledgment due card marked as per Ex.P6, Ex.P6(a) and Ex.P7 respectively. She got produced one more letter sent by her on 04.06.2020 in favour of this defendant along with postal receipt and postal acknowledgement due card marked as per Ex.P8, Ex.P8(a) and Ex.P9 respectively. She got produced legal notice sent by her to this defendant on 02.07.2020, wherein she has terminated the tenancy of this defendant and also produced the postal receipt, postal acknowledgement due card and courier receipts along with unserved postal cover and a copy of the notice kept in the said cover marked as per Ex.P10, Ex.P10(a), Ex.P11 to Ex.P16 respectively. She got produced 12 photographs and a C.D. to prove that due to fire accident in the suit property,there as a huge demand to her suit property alongwith its furniture and fixtures subject to production of the negatives as per Ex.P17.
11. The defendant even though after service of summons appeared before the Court and filed his written statement. But however, during the stage of 19 O.S.No.3839/2020 trial, he did not chosen to contest the proceedings by cross examining the P.W.1.As such, the entire oral and documentary evidence adduced by P.W.1 before this Court was remained unchallenged from the defendant.
12. P.W.1 in order to prove that the defendant is a tenant under the suit property on a monthly rent of Rs.1,00,000/- along with security deposit amount of Rs.25,00,000/-, which shall not carry any interest and the same has to be refundable deposit to the tenant at the time of vacating the suit premsies got produced the rent agreement entered into between herself with this defendant on 18.07.2019 marked as per Ex.P5. The recitals of Ex.P5 clearly proves that the defendant has taken the suit property as a tenant on a monthly rent of Rs.1,00,000/- payable on every 10th of said month and under the rent agreement paid security deposit amount of Rs.25,00,000/- without any interest, which has to be refundable deposit to the tenant at the time of vacating the suit property. The plaintiff by producing and marking Ex.P10 to Ex.P16 documents clearly shows that, that she has duly terminated the tenancy of this defendant by issuing ntoice u/s.106 of Transfer of Property Act and the same was duly served on this defendant, which is clearly evident in Ex,P11 to Ex.P13. The evidence of 20 O.S.No.3839/2020 P.W.1 that the defendant after taking the possession of the suit property as tenant udner Ex.P5 has paid the rent only for the month of august,September and October, 2019 and subsequently, became a defaulter and he became chronic defaulter in paying the rent and since from December, 2019., he has not paid the rent along with maintenance charges payable to the suit property was remained unchallenged from the defendant. Ex.P6 to Ex.P9 documents clearly prove that before th defendant issue notice u/s.106 of Transfer of Property Act, to this defendant, only by terminating the tenancy of this defendant over the suit property has sent letters calling upon him to pay the arrears of rent payable to the suit property and also intimated him that she will deduct all the dues with penal interest from the security deposit amount, if he is not going to pay the total due immediately after the receipt of the letter. Ex.P7 and Ex.P9 documents clearly prove that the sid letters were duly served upon this defendant and this defendant even after service of letters has not complied demand made in the letter and he became the chronic defaulter in paying the rent as well as maintenance charges payable to the suit property. The plaintiff by adducing oral and documentary evidence before the Court proved that she had duly terminated the tenancy of this defendant by issuing 21 O.S.No.3839/2020 notice as per Ex.P10 and even after service of notice and his tenancy was duly terminated, the defendant was continued to e in possession of the suit property without paying the rent or damages payable to the suit property and as such, she is entitled for the mesne profits @ Rs.1,10,000/- p.m. along with maintenance charges of Rs.13,793/- payable to the suit property from 01.07.20230 till the date of filing of the suit and she is also entitled for future mesne profits @ Rs.1,10,000/- along with maintenance charges of Rs.13,793/-. P.W.1 had produced the photographs before this Court to prove that due to fire accident took place in the suit property, while at the time of this defendant was in possession of the suit property as a tenant, she has suffered huge loss and damages to the suit property marked as per Ex.P17. Even though P.W.1 has not chosen to produce the C.D. or negative, in respect of Ex.P17 document, however the oral and documentary evidence adduced by P.W.1 before this Court to prove that due to fire accident took place in the suit property, she has suffered loss is remained unchallenged. Such being the case, the plaintiff is entitled for damages for the loss of Rs.4,00,000/-.
13. The plaintiff by adducing oral and documentary evidence before this Court proved that the defendant is tenant in the suit property on a 22 O.S.No.3839/2020 monthly rent of Rs.1,00,000/- under the rent agreement dated 08.07.2019 and his tenancy was duly terminated by her by issuing notice u/s.106 of Transfer of Property Act. The plaintiff by adducing oral and documentary evidence before this Court proved that defendant is a chronic default in paying the rent and he is due of arrears of rent from December, 2019 and as such, she is entitled for vacant possession of the suit property from the hands of this defendant along with mesne profits @ Rs.1,10,000/- p.m. along with maintenance charges of Rs.13,793/- and also damages caused to the suit property due to the fire accident. Hence, the plaintiff is entitled for the relief sought by her in this plaint. Therefore, I answer issue No.1 to 6 in the affirmative.
14. Issue No.7: For the aforesaid reasons,this court proceeds to pass the following:
ORDER The Suit of the Plaintiff is hereby decreed with cost.
The defendant is hereby directed to quit and deliver the vacant possession of the suit property in favour of this plaintiff forthwith, failing which the plaintiff is at liberty to get the vacant possession of the suit property through process of law.23
O.S.No.3839/2020 The defendant is also directed to pay mesne profits at Rs.1,10,000/- p.m. from01.07.2020 till 31.07.2020 along with maintenance charges of Rs.13,793/- from the month of July till the date of filing of the suit.
The defendant is also directed to pay a sum of Rs.4,00,000/- towards damages caused to the suit property due to electrical fire accident along with interest @ 6% p.a. from August 2020 till the date of filing of the suit. The plaintiff is at liberty to adjust the mesne profit amount and damages awarded by this Court in the security deposit amount of Rs.25,00,000/-.
With respect to the future mesne profits along with maintenance charges, a separate enquiry has to be conducted under Order 20 rule 12 of C.P.C.
Draw Decree accordingly.
(Dictated to the Judgment Writer, transcription computerized, then corrected and pronounced by me in Open Court on this the 6th day of November, 2021.) (ISHRATH JAHAN ARA ) III Addl. City Civil & Sessions Judge, Bengaluru.24
O.S.No.3839/2020 ANNEXURE List of witnesses examined for the Plaintiffs:
P.W.1 - Smt.Dr.Nayana Menon List of documents exhibited for the Plaintiffs:
Ex.P1 Original Gift Deed
Ex.P2 Khatha Certificate
Ex.P3 & 4 Tax paid Receipts
Ex.P5 Original Rental Agreement
Ex.P6 & 6(a) Letter dated 18.02.2020, Postal
Receipt
Ex.P7 Postal acknowledgement
Ex.P8,8(a) & 9 Letter dated 04.06.2020, Postal
Receipt and Postal
acknowledgement
Ex.P10, 10(a),
Ex.P11 to 16 Legal Notice dated 02.07.2020
Postal Receipt, Postal
acknowledgement
Ex.P17 Photographs
List of witnesses examined and
documents exhibited for the Defendants:
Nil (ISHRATH JAHAN ARA ) III Addl. City Civil & Sessions Judge, Bengaluru.
25 O.S.No.3839/2020 26 O.S.No.3839/2020 Judgment pronounced in the open Court. The operative portion of the same is as under: (vide separate judgment) ORDER The Suit of the Plaintiff is hereby decreed with cost.
The defendant is hereby directed to quit and deliver the vacant possession of the suit property in favour of this plaintiff forthwith, failing which the plaintiff is at liberty to get the vacant possession of the suit property through process of law.
27
O.S.No.3839/2020
The defendant is also directed to
pay mesne profits at Rs.1,10,000/- p.m. from01.07.2020 till 31.07.2020 along with maintenance charges of Rs.13,793/- from the month of July till the date of filing of the suit.
The defendant is also directed to pay a sum of Rs.4,00,000/- towards damages caused to the suit property due to electrical fire accident along with interest @ 6% p.a. from August 2020 till the date of filing of the suit. The plaintiff is at liberty to adjust the mesne profit amount and damages awarded by this Court in the security deposit amount of Rs.25,00,000/-.
With respect to the future mesne profits along with maintenance charges, a separate enquiry has to be conducted under Order 20 rule 12 of C.P.C.
Draw Decree accordingly.
(ISHRATH JAHAN ARA ) III Addl. City Civil & Sessions Judge, Bengaluru.
28 O.S.No.3839/2020