Bangalore District Court
Sri. Suresh Babu vs Sri. K.N. Ramesh on 31 January, 2020
FORM NO. (9) (CIVIL) TITLE SHEET FOR JUDEGEMENT IN
(R.P.91) SUIT
IN THE COURT OF THE VI ADDL. JUDGE, COURT OF SMALL
CAUSES & ADDL. CHIEF METROPOLITAN MAGISTRATE,
BENGALURU CITY
DATED THIS THE 31st DAY OF JANUARY 2020.
PRESENT: Smt. K. UMA., B.A.L.,LL.B.,.
VI Addl. Judge,
Court of Small Causes &
ACMM, Bengaluru.
S. C. No.1481 of 19
Plaintiff: 1. Sri. Suresh Babu,
Aged about 41 years,
S/o S. Govindaswamy.
2. Smt. Pooja,
Aged about 31 years,
D/o M. Gajendra.
Both are residing at No.91/6,
Doddamavalli, Mavalli main road,
Susheela Road, Mavalli,
Bengaluru-560 004.
(By Sri. S. Surendra, Advocates)
-Vs-
Defendants: Sri. K.N. Ramesh,
Aged about 45 years,
S/o Narayanappa,
No.83, Ground Floor,
Rangappa Street,
Chikkamavalli,
Bengaluru-560 004.
(Ex-Parte.)
SCCH-2 2 SC NO.1481 /19
JUDGMENT
This suit for recovery of the arrears of monthly rent of Rs.17,280/- for the period commencing from 22nd April 2018 i.e., for the months of May, June, July and August 2018 with interest at the rate of 10% p.a. from September 2018 to October 2019 for 14 months.
2. The brief facts of the plaintiff's case in nutshell is that:
The plaintiff's are the absolute owner's of the property and defendant was their tenant. The plaintiffs have filed a suit for ejectment against the defendant in respect of schedule premises in SC No.1103/2017 before the Hon'ble Court of Small Causes Judge, Bengaluru, (SCCH-15). During the pendency of the ejectment proceeding, a compromise was arrived at and a joint memo came to be filed on 21-04-2018. Further the plaintiffs stated that, the defendant did not honour the terms of compromise and disobeyed the order and decree in OS No.1103/2017. The plaintiffs were constrained to file Execution petition against the defendant in Ex.No.1281/2018. The Hon'ble Court was pleased to order for delivery warrant and the plaintiffs took possession of schedule premises on 05-09-2018 by executing delivery warrant.SCCH-2 3 SC NO.1481 /19
3. The defendant accepted and agreed in the compromise petition filed in SC No.1103/2017 that he would pay a monthly rent of Rs.4,250/- regularly without any default till he vacates. It was also specifically agreed by him that in case he defaults in payment of rent in any month, he shall be liable for eviction and the plaintiffs are at liberty to the Execution petition for the eviction of the defendant from suit schedule property. The defendant did not pay rent from the date of order i.e. 21-04- 2018 till he was evicted on 05-09-2018 through Execution proceedings in Ex.No.1281/2018. The defendant did not pay rents for more than four months. However, the plaintiffs restrict their claim for the arrears of rents for four months only. In fact, the defendant has admitted and accepted the liability of non- payment of rent for four months in the I.As filed by him for recovery of possession in Ex.No.1281/2018.
4. The plaintiffs further submits that, defendant in the compromise arrived at in SC No.1103/2017 had agreed and accepted that he would pay the monthly rent of Rs.4,250/- regularly without any default till he vacates, since he was evicted on 05-09-2018 he is liable to pay for more than four months at the rate of Rs.4,250/- per month. However, the SCCH-2 4 SC NO.1481 /19 plaintiffs have restricted their claim to four months, the defendant is liable to pay the arrears of rent of Rs.4,250/- which works out to Rs.17,000/-. Hence, this suit for recovery of arrears of rent as prayed in the petition.
5. Despite due service of suit summons, defendant did not turn up. Hence, the defendant is ordered to place exparte.
6. The plaintiffs' in proof of case got examined 1st plaintiff as PW.1. Exhibits P.1 to P.11 are marked.
7. Heard arguments of plaintiff.
8. The following points that would arise for my consideration are:
1) Whether the plaintiff's prove that the defendant is in due of payment of rent of Rs.17,000/- for the month's May 2018 to August 2018 as contended by them?
2) Whether the plaintiff proves default by defendant in repaying the loan?
3) Whether plaintiff is entitled for suit claim?
4) What order or decree?
9. My answers to the above points are as under:
Point No.1 & 2 : In the Affirmative.
Point No.3 : partly in the Affirmative. Point No.4 : As per final order for the following SCCH-2 5 SC NO.1481 /19 REASONS
10. POINT No.1 and 2: These to points are taken up together for common discussion to avoid repetition, as they are interconnected to each other.
11. In order to substantiate the contention, first plaintiff got himself examined as PW1. He filed affidavit in lieu of examination in chief. In the affidavit PW1 has reiterated the averments of plaint. PW1 has deposed that, the defendant defaulted in payment of rent for the suit premises from the date of compromise in SC No 1103/2017. In execution proceedings the defendants has vacated the premises but filed to pay the rent as agree by him.
12. In support of oral evidence, PW1 has produced certified copies of Joint Memo and Decree in SC No.1103/2017 marked at Ex.P-1 and Ex.P-2. The certified copies of order sheet, execution petition, memo, the IA's filed by defendant are produced and marked at Ex.P-3 to Ex.P-8. The certified copies of delivery warrant, spot mahazar and possession receipt in Execution Petition No.1281/21018, are produced and marked at Ex.P-9 to Ex.P-11.
SCCH-2 6 SC NO.1481 /19
13. On perusal of the oral evidence, coupled with the documentary evidence, it is evident that despite service of summons, the defendant did not appear before the court to contest the suit. As per Ex.P1 joint memo and other documents produced by the plaintiff at Ex.P-2 to Ex.P-8, it is evident that the defendant herein, has under taken to vacate the premises and agreed to pay rent regularly till he vacates the premises. As well he did not abide the terms of joint memo. Finally, the defendant though vacated the premises belongs to plaintiff's he did not pay the rent up to date as per Ex.P-8.
14. As appreciated supra, it is clear that the plaintiff being landlord had let out the schedule premises to the defendant and the defendant had defaulted towards payment of rents, as agreed by him. The oral evidence, which is placed by the plaintiff had not been challenged and rebutted by the defendant. The oral and documentary evidence, which is placed by the plaintiff's has to be accepted. So, the unchallenged and un-rebutted testimony of the plaintiff clearly proves that the defendant is due in payment of rent. In the absence of any dispute by the defendant with regard to payment of rent, the say of the plaintiff has to be believed. Hence, the plaintiff is entitled SCCH-2 7 SC NO.1481 /19 for the relief claimed. In the circumstances, I hold the points No.1 and No.2 in the affirmative.
15. POINT No.3:- According to the plaintiff the defendant has the defendant defaulted the payment rent, hence, prays for payment of rent with interest is 10.00% p.a. In so far as interest is concerned, the plaintiff is entitled to claim interest, Since the defendant did not pay rent regularly as agreed. The plaintiff is entitled for interest @ 6.00% per annum. For these reasons, I answer point No.3 partly in the affirmative.
16. POINT No.4:- For the reasons assigned supra, following order is passed:
:ORDER:
Suit of the plaintiff is decreed in part with costs.
The plaintiff is entitled to recover a sum of Rs.17,280/-.
The plaintiff is entitled for current and future interest @ 6.00 % per annum, from the date of suit till its realization.
Draw decree.
(Directly typed by me on my official laptop, corrected by me and then pronounced in open court on this the 31st day of January 2020) (K.UMA ) VI Addl. Small Causes Judge & ACMM, Bengaluru.SCCH-2 8 SC NO.1481 /19
SCHEDULE All that piece and portion of one shop (Centre shop) in premises bearing No.91/6-1 (Old No.33), measuring East to West: 8 feet and North to South: 6 feet, situated at Mavalli Main Road, Susheela Road, Doddamavalli, Bengaluru-560 004 and bounded on:
East by :- Road, West by :- H.No.33/91, North by :- Shop of plaintiffs; South by :- Shop of plaintiffs.
(K.UMA ) VI Addl. Small Causes Judge & ACMM, Bengaluru.
ANNEXURE List of witnesses examined for plaintiff:
PW.1 : Suresh Babu
List of documents marked on behalf of plaintiff :
Ex.P.1 : Joint Memo
Ex.P.2 : Certified copy of decree
Ex.P.3 : -do- Order sheet of Ex. Petition
No.1281/2018.
Ex.P.4 : -do- Application of Execution Petition
No.1281/2018.
Ex.P.5 : Copy of Memo
Ex.P.5(a) to : Postal Receipts (3)
R5(c)
Ex.P.6 & P7 : Two applications of defendant
Ex.P.8 : Certified copies of application
Ex.P.9 : Certified copy of delivery warrant
Ex.P.10 : Certified copy of spot mahazar
Ex.P.11 : Certified copy of Property acquired
receipt
SCCH-2 9 SC NO.1481 /19
List of witnesses & documents for defendant: Exparte (K.UMA) VI Addl. Small Causes Judge & ACMM, Bengaluru.