Bangalore District Court
No.1 Reported To Be Dead Leaving Behind ... vs Was The Tenant As Per Rental Agreements ... on 9 October, 2019
Government of TITLE SHEET FOR JUDGEMENTS IN SUITS
Karnataka
Form No.9
[Civil] Title Sheet
for Judgement
IN THE COURT OF V ADDL.CITY CIVIL COURT AT
in Suits BENGALURU
Present: Sri. C.D. KAROSHI, B.A., LL.M.
V ADDL.CITY CIVIL & SESSIONS JUDGE,
BENGALURU
Dated this the 9th day of October, 2019.
O.S.8419/2016
BETWEEN
1. Smt. A.C. Lalithamma,
W/o Late A.N. Chennaiah,
Aged about 83 years
R/at No.4/1, 15th Cross,
3rd Block, Jayanagar,
Bengaluru-11.
Since dead by her L.Rs.
Represented by her GPA holder and son
Sri. Harish Babu.A.C.
S/o Late. A.N. Chennaiah,
R/at No.4/1, 15th Cross,
3rd Block, Jayanagar,
Bengaluru-11.
1(a). Sri. Harish Babu.A.C.
S/o Late. A.N. Chennaiah,
R/at No.4/1, 15th Cross,
3rd Block, Jayanagar,
Bengaluru-11.
2. Sri. Susheel.M.
S/o A.R. Manjunath,
Aged about 18 years,
R/at No.1, 'Nanda Deepa'
Karnik Road, 5th Cross,
Shakarapuram, Bengaluru-04. Plaintiffs
( By Sri.SMAA/BMK , advocate )
AND
Sri. Berulal Jain,
Proprietor of
Manoj Sales corporation,
No.255, Vora Mansion,
2nd and 3rd Floor,
1st Main, A.V. Road,
Chamarajpet,
Bengaluru-18.
(By Sri. SS advocate ) Defendant
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O.S. No.8419/2016
Date of institution of the Suit : 13/12/ 2016
Nature of the Suit : Money suit
Date of commencement of recording
: 26/08/ 2019
of evidence
Date on which the Judgment was
: 09/10/2019
pronounced
Year Months Days
Total Duration :
02 09 26
[ C.D. KAROSHI ]
V ADDL.CITY CIVIL & SESSIONS JUDGE
BENGALURU
-: J U D G M E N T :-
This is a suit filed by the plaintiffs against the defendant for
recovery of a sum/arrears of rent of Rs.3,73,000/- along with
interest and costs of the suit.
2. Brief facts of the case are as under:-
That defendant entered into the property bearing commercial
premises No.254, I Floor, Akkamma Buildings, Old Thargupet,
Bengaluru as per the rental agreements of the year 1975-76,
wherein defendant was running a business in the name and style of
'Manoj Sales Corporation' by depositing an amount of Rs.1,00,000/-
as security amount. Further it is averred that, the monthly rent was
agreed for an amount of Rs.13,000/-, but the defendant became
defaulters in payment of rent since April 2012, accordingly plaintiffs
initiated legal proceedings for eviction of the defendant, on receipt of
the legal notice the defendant made part payment by issuance of
3
O.S. No.8419/2016
two cheques for a sum of Rs.58,500/- each, but thereafter he did not
turn up. Further, the suit in O.S. No.5276/2013 filed by the plaintiffs
for ejectment of the defendant came to be decreed by CCH No.28
on 06/06/2014 and thereafter the defendant has handed over
possession of the said property to the plaintiffs on 07/08/2015 in
E.P. No.2882/2014, but failed to pay arrears of rent. Therefore,
defendant is liable to pay a sum of Rs.3,03,000/- after deducting part
payment and security deposit amount along with additional charges
of Rs.50,000/- towards repairs, cleaning and painting of the property
and Rs.20,000/- towards electricity charges in all Rs.3,73,000/-
along with interest at the rate of 18% p.a. from the date of due till its
realization. On these grounds plaintiffs prayed for decreeing the
suit.
3. Records reveal that, defendant appeared and filed written
statement by admitting almost all the averments of the plaint
regarding relationship of landlord and tenant, initial deposit of
Rs.1,00,000/-, monthly rent of Rs.13,000/-, part payment of
Rs.58,500/- each through two cheques, pendency of civil suit and
handing over of the possession of the schedule property on
07/08/2015 in execution proceedings. But, he has specifically
denied the fact that, he failed to pay the arrears of rent till the date of
vacating the schedule premises as false and baseless. Further
contend that, the said E.P. was closed in pursuant to the joint memo
filed by reporting settlement as fully satisfied vide order dated
07/08/2015. For these reasons the defendant has denied the
averments made in para 5 to 8 of the plaint and prayed for dismissal
of the suit with exemplary cost.
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O.S. No.8419/2016
4. On the basis of the above pleadings, my learned
predecessor in office has framed the following issues:-
1. Whether the L.R. of plaintiff No.1 proves that,
defendant is liable to pay Rs.3,73,000/- with
interest at the rate of 18% p.a. from the date of
the suit till realization?
2. Whether the defendant proves that in view of the
joint memo in Ex.No.2882/2014, there is no
arrears on his side?
3. Whether the plaintiffs are entitled for suit reliefs
sought for?
4. What Order or decree?
5. In order to prove their case, General Power of Attorney
holder of plaintiffs examined himself as PW-1 and got marked the
documents at Ex.P.1 to 5. On the other hand no oral or
documentary evidence adduced on behalf of the defendant.
6. Heard and perused the material on record.
7. My findings on the above issues are as under:-
Issue No.1: Partly in the Affirmative
Issue No.2: Partly in the Affirmative
Issue No.3:Partly in the Affirmative
Issue No.4: As per final order for the following:
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O.S. No.8419/2016
:R E A S O N S:
8. Issue Nos.1 and 2 :- I take these issues together for my
discussion, as the facts overlap and for the sake of convenience.
9. It is worth to note that the plaintiffs have filed the above
numbered suit for recovery of a sum of Rs.3,73,000/- towards
arrears of rent. Records reveal that, during the pendency of the suit
plaintiff No.1 reported to be dead leaving behind her the plaintiff
No.1(a) and 2 as legal heirs. It is the case of the plaintiffs that,
defendant was the tenant as per rental agreements of the year
1975-76, accordingly the defendant agreed and deposited initial
amount of Rs.1,00,000/-, but thereafter he became defaulter in
payment of monthly rent of Rs.13,000/- in the year 2012,
accordingly, plaintiffs got issued legal notice and on receipt of the
same defendant made part payment, but again did not turn up.
Further, the plaintiffs filed the suit for ejectment which came to be
decreed on 06/06/2014, but the defendant did not hand over the
possession. Further on receipt of cause notice in execution
proceedings the defendant appeared and handed over the
possession of the said property to the plaintiffs on 07/08/2015, but
he did not pay arrears of rent along with other expenses, accordingly
the plaintiffs have filed the present suit. In this regard, GPA holder
of plaintiffs filed an affidavit in lieu of oral evidence by reiterating the
entire averments of the plaint and got marked the documents at
Ex.P.1 to P.5.
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O.S. No.8419/2016
10. It is worth to note that, though the defendant appeared
and filed written statement by admitting almost all the averments of
the plaint in respect of relationship of landlord and tenant, initial
deposit of Rs.1,00,000/- part payment of rent through two cheques
for Rs.58,500/- each as well as handing over of the possession of
the schedule premises to the plaintiffs on 07/08/2015, but, he has
specifically denied the remaining averments to the effect that, he
became defaulter in payment of arrears of rent as claimed by the
plaintiffs in the present suit.
11. It may be noted that, in order to substantiate his contention
the defendant has neither challenged the evidence of P.W. 1 nor stepped
into the witness box or produced contrary documents before this court. In
such circumstances, this court has to appreciate the oral and documentary
evidence available on record only.
12. On careful evaluation of entire material on record, we can
find that, so far as in respect of relationship of landlord and tenant
between the plaintiffs and defendant is concern there is no dispute.
Further, the plaintiffs admit that, defendant deposited initial amount
of Rs.1,00,000/-. The defendant also admits that, he was a tenant in
the suit premises on rent basis and also made payment towards
arrears of rent. It is the case of the plaintiffs that, though defendant
has handed over the possession of the schedule premises in
execution proceedings vide order dated 07/08/2015, but he did not
pay arrears of rent from the month of April 2012 till vacating the
premises. Per contra, the defendant would contend that, E.P.
No.2882/2014 filed by the plaintiffs against him came to be closed as
fully satisfied by virtue of joint memo dated 07/08/2015.
7
O.S. No.8419/2016
13. In this regard, if we go through the material on record viz.,
Ex.P.2 to P.5 copy of judgment and decree passed in O.S.
No.5276/2013 and copy of order sheet and joint memo filed in E.P.
No.2882/2014 on the file of CCH No.28, we can find that, suit filed
by the plaintiffs came to be decreed on 06/06/2014 directing the
defendant to hand over the vacant possession of the schedule
property to the plaintiffs within three months, but it appears that
defendant failed to comply, accordingly plaintiffs filed Execution
Petition, wherein the defendant JDR appeared and handed over the
delivery of vacant possession of the schedule property to the
plaintiffs and the said E.P. came to be closed as fully satisfied based
on the joint memo.
14. It is relevant to point out that, as per the copy of decree
under Ex.P.3 passed in O.S. No.5276/2013, though the plaintiffs
sought the relief of evicting the defendant from the schedule
property, directing the defendant to pay balance arrears of rent and
such other reliefs, but it appears that, no order was passed in
respect of arrears of rent. In such circumstances, it can be inferred
that, execution petition came to be closed as fully satisfied in respect
of delivery of possession of the schedule property only.
15. It is not in dispute that, the defendant JDR has already
paid cost awarded by the court in O.S. to the counsel for the plaintiff
vide endorsement dated 21/07/2015 as made in Ex.P.4 copy of order
sheet.
8
O.S. No.8419/2016
16. With regard to arrears of rent is concern, P.W. 1 states
that, defendant became defaulter in payment of arrears of rent from
April 2012 till vacating the premises. On the other hand, it is not in
dispute that, plaintiffs have already got adjusted the initial amount of
Rs.1,00,000/- along with part payment of Rs.58,500/- +Rs.58,500/-
through two cheques i.e. in total of Rs.2,17,000/-. So if we deduct
the said amount i.e. Rs.2,17,000/- in the arrears of rent of
Rs.5,20,000/- for the period April 2012 to August 2015 then there
remains an amount of Rs.3,03,000/- as arrears of rent.
17. But, the prayer of the plaintiffs with regard to additional
charges of Rs.70,000/- towards repair, cleaning of property and
electricity charges is concern P.W. 1 has not produced a bit of
document. As such, without there being supportive documents this
relief cannot be considered. Therefore, having regard to the facts
and circumstances of the case, I am of the opinion that, defendant is
liable to pay an amount of Rs.3,03,000/- along with simple interest to
the plaintiffs. Hence, I answer Issue No.1 and 2 are partly in the
affirmative.
18. ISSUE No.3 :- In view of my discussion made supra
while dealing with issue No.1 and 2, I am of the opinion that suit of
the plaintiffs is deserves to be partly decreed with costs along with
pendente-lite and future interest at the rate of 6% p.a till its
realization. Hence, I answer issue No.3 partly in the affirmative.
19. ISSUE No.4:- For the foregoing reasons, I proceed to
pass the following;
9
O.S. No.8419/2016
:ORDER:
The suit of the plaintiffs is partly decreed with cost.
The defendant is hereby directed to pay a sum of Rs.3,03,000/- to the plaintiffs within three months from the date of decree.
The plaintiffs are also entitled for pendente-lite and future interest at the rate of 6% p.a., till its realization.
Draw decree accordingly.
[ Dictated to the Stenographer directly on computer, corrected by me and then pronounced in the Open Court on 9th day of October, 2019 ].
[ C.D. KAROSHI ] V ADDL.CITY CIVIL & SESSIONS JUDGE BENGALURU.
**** ANNEXURE List of witnesses examined on behalf of Plaintiffs :
PW.1 Nishanth.A.H. List of witnesses examined on behalf of Defendant :
- Nil -
List of documents marked on behalf of Plaintiffs :
Ex.P1 GPA
Ex.P2&3 Certified copy of judgment and decree in
O.S. No.5276/2013
Ex.P4 Certified copy of order sheet in Ex.No.2882/2014
Ex.P5 Certified copy of joint memo
List of documents marked on behalf of Defendants
- Nil -
[ C.D. KAROSHI ] V ADDL.CITY CIVIL & SESSIONS JUDGE, BENGALURU 10 O.S. No.8419/2016 Judgment pronounced in open court vide separate order.
ORDER The suit of the plaintiffs is partly decreed with cost.
The defendant is hereby directed to pay a sum of Rs.3,03,000/- to the plaintiffs within three months from the date of decree.
The plaintiffs are also entitled for pendente-lite and future interest at the rate of 6% p.a., till its realization.
Draw decree accordingly.
[ C.D. KAROSHI ] V ADDL.CITY CIVIL & SESSIONS JUDGE BENGALURU 11 O.S. No.8419/2016