Bangalore District Court
Selvi Kuppuswamy vs Prema P on 28 November, 2024
KABC020569622024
IN THE COURT OF XXIV ADDITIONAL SMALL CAUSES JUDGE
& A.C.J.M. AND MACT (SCCH-26) AT : BENGALURU
PRESENT
SRI. APPASAB NAIK,
B.A.L.L.B.(Spl)
XXIV ADDL. SCJ & ACJM & MEMBER-
MACT BENGALURU.
S.C No.812/2024
DATED THIS THE 28th DAY OF NOVEMBER 2024
PLAINTIFF Smt. Selvi Kuppuswamy,
W/o. Sri. S.Kuppuswamy,
Aged about 68 years,
Residing at No.39,
"Kavithlayaa" Gowramma Layout,
2nd Cross, Garvebhavipalya,
Bengaluru - 560 114.
(By Sri.Aravind Reddy.H-Advocate)
V/s
DEFENDANT Smt. Prema.P,
W/o. Late.P.Alageshan,
Aged about 51 years,
House No.15, 1st Floor,
Munireddy Layout,
Garvebhavipalya,
Landmark near Sneha Water Supply,
Bengaluru - 560 114.
Also at
Permanent address,
Pullur HW,
Pullur post SR Puram Mandalam,
SCCH - 26 2 SC No.812/2024
Srirangarajapuram Chittor,
Andhra Pradesh - 517167.
(Exparte)
Date of Institution 17.09.2024
of the suit
Nature of the suit Ejectment
Date of 15.11.2024
commencement
recording of the
evidence
Date on which the 28.11.2024
judgment was
pronounced
Total Duration Year Month/s Days
00 02 11
(APPASAB NAIK)
XXIV ADDL. SMALL CAUSES JUDGE
& A.C.J.M. BENGALURU.
: JUDGMENT:
The plaintiff has filed this suit for relief of ejectment against the defendant.
2. The brief facts of the plaintiff's case are as under:
That the plaintiff is the owner of the entire property bearing the Eastern portion of the property bearing site SCCH - 26 3 SC No.812/2024 No.15, Khata No.56/14/A situated at Garvebhavipalya village, Hongasandra Dakhle, Begur Hogli-Bengaluru South Taluk, Presently comes under Bommanahalli CMC Limits, measuring East to West 10 feet and North to South 45 feet total measuring 450 sq.ft. Together with ground floor, first floor and second floor construction which is mentioned as entire property and from now mentioned as scheduled "A" property. The plaintiff acquired the same by way of the registered sale deed dated 08.12.2003 from Sri.R.Sarojamma represented by her GPA Holder Sri.S.Kuppuswamy and the sale deed which is registered as document No.BHG(U)BLR(S)17742/2003-2004 before the Sub-Registrar Bengaluru South Taluk Bengaluru. The defendant was the tenant under the unregistered rental agreement dated 01.07.2023 in respect of House No.15, 1st Floor, Munireddy Layout, Garvebhavipalya, Bengaluru consisting of one bedroom, one hall, kitchen, pooja room, bathroom, water and electricity facilities as described as scheduled "B" property. The defendant being the tenant on a monthly rent of Rs.7,500/- the defendant's tenancy is SCCH - 26 4 SC No.812/2024 evidenced by an unregistered agreement to lease dated 01.07.2023 and duration is 01.07.2023 to 31.05.2024.
Further the rental agreement dated 01.07.2023 expired on 31.05.2024 after the expiry of the agreement renewal agreement was entered hence from 31.05.2024 the defendant's occupation in the scheduled "B" property is illegal and also liable to pay the damages of the illegal occupation of the scheduled "B" property per month Rs.8,000/- to the plaintiff and the tenancy commencing from 1st of each calendar month and ending on the last day of the same month.
3. It is further submitted that, the plaintiff being in requirement of the scheduled property -B property has informed defendant several times to vacate and hand over the scheduled premises but defendant kept on postponing the same and apart the defendant did not pay the monthly rent as agreed by her despite repeated requests and demands made by plaintiff. Th defendant was in arrears of rent continuously from June 2024 till August 2024. Therefore, the plaintiff decided to terminate the tenancy of SCCH - 26 5 SC No.812/2024 defendant. Hence, the plaintiff was constrained to cause legal notice through her counsel on 30.08.2024 to defendant by intimating terminating with effect from the end of May 2024 and called upon the defendant to quit, vacate and hand over the vacant possession of the schedule 'B' property along with all the furniture, fixtures and fittings as is already in good condition within 15 days from the date of the receipt of the said notice. The defendant has to be treated as an unauthorized occupant of the schedule-B property and hence is liable to pay damages of Rs.8,000/- per month from the date of filing this suit till he vacates and hands over the vacant possession of the schedule-B property to the plaintiff. In spite of it, the defendant has not vacating the suit premises and not paying the arrears of rent. Hence, this suit.
4. The suit summons has been duly served on the defendant and remained absent. Hence, defendant has placed exparte.
5. The plaintiff in order to prove her case, she has been examined herself as PW-1 and got marked 8 SCCH - 26 6 SC No.812/2024 documents as Ex.P.1 to Ex.P.7(a).
6. Heard the argument of learned counsel for the plaintiff. Perused the entire records.
7. The following points arise for my consideration:-
1.Whether the Plaintiff is entitled for the relief as sought?
2. What order or decree?
8. My answer to the above points are as follows:-
Point No.1- In the Affirmative Point No.2- As per final order for the following :-
::REASONS::
9. Point No.1: It is the case of the plaintiff that, the plaintiff is the owner of the entire property bearing the Eastern portion of the property bearing site No.15, Khata No.56/14/A situated at Garvebhavipalya village, Hongasandra Dakhle, Begur Hogli-Bengaluru South Taluk, Presently comes under Bommanahalli CMC Limits, measuring East to West 10 feet and North to South 45 feet total measuring 450 sq.ft. Together with ground floor, first floor and second floor construction which is SCCH - 26 7 SC No.812/2024 mentioned as entire property and from now mentioned as scheduled "A" property. The plaintiff acquired the same by way of the registered sale deed dated 08.12.2003 from Sri.R.Sarojamma represented by her GPA Holder Sri.S.Kuppuswamy and the sale deed which is registered as document No.BHG(U)BLR(S)17742/2003-2004 before the Sub-Registrar Bengaluru South Taluk Bengaluru. The defendant was the tenant under the unregistered rental agreement dated 01.07.2023 in respect of House No.15, 1 st Floor, Munireddy Layout, Garvebhavipalya, Bengaluru consisting of one bedroom, one hall, kitchen, pooja room, bathroom, water and electricity facilities as described as scheduled "B" property. The defendant being the tenant on a monthly rent of Rs.7,500/- the defendant's tenancy is evidenced by an unregistered agreement to lease dated 01.07.2023 and duration is 01.07.2023 to 31.05.2024. Further the rental agreement dated 01.07.2023 expired on 31.05.2024 after the expiry of the agreement renewal agreement was entered hence from 31.05.2024 the defendant's occupation in the scheduled "B" property is SCCH - 26 8 SC No.812/2024 illegal and also liable to pay the damages of the illegal occupation of the scheduled "B" property per month Rs.8,000/- to the plaintiff and the tenancy commencing from 1st of each calendar month and ending on the last day of the same month. The plaintiff being in requirement of the scheduled property -B property has informed defendant several times to vacate and hand over the scheduled premises but defendant kept on postponing the same and apart the defendant did not pay the monthly rent as agreed by her despite repeated requests and demands made by plaintiff. Th defendant was in arrears of rent continuously from June 2024 till August 2024. Therefore, the plaintiff decided to terminate the tenancy of defendant. Hence, the plaintiff was constrained to cause legal notice through her counsel on 30.08.2024 to defendant by intimating terminating with effect from the end of May 2024 and called upon the defendant to quit, vacate and hand over the vacant possession of the schedule 'B' property along with all the furniture, fixtures and fittings as is already in good condition within 15 days SCCH - 26 9 SC No.812/2024 from the date of the receipt of the said notice.
10. In order to prove the case of the plaintiff, the plaintiff has got examined herself as PW.1 and produced the 7(a) documents got marked as Ex.P.1 to Ex.P.7(a) and closed her evidence. Perused the documents produced by the plaintiff, Ex.P.2 legal notice which discloses that on dated 30.08.2024 the plaintiff was issued the legal notice to the defendant for quiet and vacate the suit property. Ex.P.7 and 7(a) returned notice cover and notice. Ex.P.1 certified copy of sale deed, it discloses that on 08-123- 2003, plaintiff has purchased property from R.Sarojamma through GPA holder Sri.S.Kuppuswamy. Ex-P-2 to 7 are the legal notice and postal fee paid receipts and postal track reports. As per these documents it appears that the plaintiff has issued legal notice to the defendant to the address as mentioned in the schedule. Further these documents disclose that the said notice has been returned to the plaintiff with endorsement "unclaimed". Therefore, in view of Section 27 of General Clauses Act, if a letter is sent through registered post acknowledgment due, it is SCCH - 26 10 SC No.812/2024 deemed to be served to the concerned person to his proper address unless the contrary is proved. But in the present case, though the defendant has not appeared before this court through her counsel and she has not chosen to file her written statement and also not chosen to adduce her defence evidence. Therefore, in the absence of evidence contrary, this court is inclined to accept that the notice issued by the plaintiff to the defendant has been served properly. Therefore, the plaintiff has complied with the provisions of Section 106 of Transfer of Property Act. It is relevant to note that, the examination-in-chief of PW-1 and documents produced by him have remained un-challenged. As already stated supra, the defendant has neither cross examined PW-1 nor adduced her defence evidence. The very conduct of the defendant shows that she is admitting the claim of the plaintiff. Therefore, the plaintiff is entitled to the reliefs as sought. Accordingly, I answered in point No.1 in the Affirmative.
11. Point No.2: For the aforesaid reasons, I proceed to pass the following:-
SCCH - 26 11 SC No.812/2024
:ORDER::
The suit of Plaintiff is decreed with costs.
The defendant is hereby directed to quit, vacate and deliver vacant possession of the suit property in favour of plaintiff within 45 days from the date of this order.
It is further ordered that the defendant shall pay sum of Rs.22,500/- as a due rent from June 2024 to August 2024 to the plaintiff and shall pay sum of Rs.8,000/-p.m. as a damages to the plaintiff till handing over the vacant possession of suit property from the date of suit.
Draw decree accordingly.
(Dictated to the stenographer directly on the computer, thereof is corrected and then pronounced by me on this the 28 th day of November 2024) (APPASAB NAIK) XXIV ADDL. SMALL CAUSES JUDGE & A.C.J.M. BENGALURU.
SCHEDULE "A" PROPERTY All that piece and parcel of the Eastern portion of the house property constructed in Site No.15, Khata No.56/14/A Situated at Garvebhavipalya village, Hongasandra Dakhle, Begur Hogli, Bengaluru South SCCH - 26 12 SC No.812/2024 Taluk, Presently which comes under Bommanahalli CMC Limits, measuring East to West 10 feet and North to South 45 feet measuring 450 sq.feet together with ground floor, first floor and second floor with all rights, appurtenances whatsoever underneath or above the surface, bounded on the:
East by : Site No.14 belongs to S.Kuppuswamy.
West by : The remaining portion of site No.15
belongs to Smt.R.Sarojamma,
North by : Gopal Reddy's property,
South by : Road.
SCHEDULE "B" PROPERTY
All that piece and parcel of the first floor residential house is situated at House No.15, Munireddy Layout, Garvebhavipalya and Bengaluru - 560 068. Consisting of one bedroom, One hall, Kitchen, Pooja room, bathroom, water and electricity facilities and RCC roof, measuring East to West 10 feet and North and South 45 feet measuring 450 feet, bounded on the:
East by : Site No.14 belongs to S.Kuppuswamy.
West by : The remaining portion of site No.15
belongs to Smt.R.Sarojamma,
North by : Gopal Reddy's property,
South by : Road.
SCCH - 26 13 SC No.812/2024
::A N N E X U R E::
I. LIST OF WITNESSES EXAMINED ON BEHALF OF
THE PLAINTIFF:
PW-1 : Smt. Selvi Kuppuswamy
II. LIST OF DOCUMENTS MARKED ON BEHALF OF THE
PLAINTIFF:
Ex.P.1 : Certified copy of sale deed
Ex.P.2 : Office copy of legal notice
Ex.P.3&4 : Postal receipts
Ex.P.5&6 : Postal track report
Ex.P.7 : Return notice cover
Ex.P.7(a) : Return notice cover is opened in open court and notice copy kept in file and got marked III. LIST OF WITNESSES EXAMINED ON BEHALF OF THE defendant:-
-NIL-
IV. LIST OF DOCUMENTS MARKED ON BEHALF OF THE defendant:
-NIL-
(APPASAB NAIK) XXIV ADDL. SMALL CAUSES JUDGE & A.C.J.M. BENGALURU.Digitally signed
APPASAB by APPASAB
RAMAPPA NAIK
RAMAPPA Date:
NAIK 2024.12.03
14:50:33 +0530