P.C. BHARATHALAKSHMI Vs. RANGASWAMY

JUDGEMENT

(1.) Petitioner is before this Court under Section 18 of the Small Causes Courts Act, assailing the judgment and decree dated 17.12.2011 in S.C.No.737/2008 on the file of the III Additional Senior Civil Judge, Court of Small Causes, Bengaluru, by which, the suit is decreed directing the defendant to pay a sum of Rs.78,582/- with interest at the rate of 8% p.a. from the date of suit till the date of deposit compounded on yearly interest.

(2.) Petitioner is the defendant and respondent is the plaintiff in S.C.No.737/2008 filed for recovery of a sum of Rs.78,582/- along with interest at the rate of 18% p.a. from, the date of filing the suit till payment. The case of the plaintiff is that he was tenant under the father of the defendant in respect of premises measuring 6 x 5 feet, which was originally a store room of a residential premises. The plaintiff being an Advocate was in need of premises to establish his office and occupied the same on monthly rent of Rs.500/- by paying advance amount of Rs.45,000/- to the father of the defendant. The plaintiff states that he had paid Rs.45,000/- through four cheques as indicated at paragraph 5 of the plaint. It is stated that even though the father of the defendant had received Rs.45,000/- as advance, he had not executed any receipt nor he had executed any rent agreement in respect of the premises measuring 6 x 5 feet bearing No.10 (Old No.21),

(3.) rd Cross, S.C. Road, Bengaluru-560 009. Further it is stated that defendant being daughter of Late P.C.Chengalaraya Shetty had authorized her father to collect the rent during his lifetime. Sri. Chengalaraya Shetty died during April 2002. During the year 2000, the plaintiff requested for a bigger dimension premises. Hence, the defendant put the plaintiff in possession of bigger premises by taking a sum of Rs.1,00,000/- towards advance amount of the premises. But, it is submitted that the defendant executed Ex.P1 - receipt dated 01.11.2000 for a sum of Rs.95,000/-. The plaintiff states that he occupied the bigger premises on 01.11.2000 on a monthly rent of Rs.1,700/- and the defendant in addition was collecting a sum of Rs.250/- towards electricity charges. Even though the defendant promised to execute the receipt for a sum of Rs.1,50,000/- including advance amount paid to the father of the defendant, the defendant failed to execute such receipt nor written agreement of tenancy. During the year 2002, the rent was enhanced from Rs.1,700/- to Rs.2,660/-. Further the plaintiff states that by notice dated 10.07.2007 the tenancy was terminated. The plaintiff issued reply notice dated 26.09.2007 and agreed to vacate the premises on or before 30.09.2007 and demanded advance amount of Rs.1,45,000/-. It is further stated that the defendant after deducting the amount stated in paragraph 12 of the plaint, returned a sum of Rs.61,418/- through cheque dated 06.10.2007. It is stated that the plaintiff vacated the premises in question and handed over the key on