JAYACHAMUNDESHWARI Vs. HIMATMAL S. JAIN

JUDGEMENT

(1.) This regular first appeal is filed by the defendant in the suit challenging the judgment and decree dated 15.7.2014 passed by the XIX Additional City Civil and Sessions Judge, Bengaluru City in O.S.No.5057/2013.

(2.) The plaintiff filed O.S.No.5057/2013 to recover a sum of Rs.1,01,875/-, with future interest at the rate of 12% per annum on the principal sum of Rs.75,000/- from the date of suit till realization.

(3.) The plaint averments disclose that the defendant being the owner of the residential property had rented out the same to the plaintiff which was evidenced by an agreement of lease dated 10.07.2007, whereunder, the plaintiff paid a sum of Rs.30,000/- by a cheque bearing No.696087 dated 10.07.2007 and a sum of Rs.40,000/- by a cheque bearing No.696088 dated 10.07.2007 and also paid a sum of Rs.5,000/- in cash towards the interest free refundable lease amount. The lease was to be for a term of 3 years and on expiry of the term, the defendant had undertaken to refund the amount without interest. It is stated that after the expiry of the lease term, the plaintiff delivered possession of the premises to the defendant and demanded the refund of a sum of Rs.75,000/-. The defendant took over possession of the property, but failed to refund the amount of Rs.75,000/-. The plaintiff therefore filed the present suit to recover Rs.75,000/- along with interest at the rate of 12% per annum from 16.07.2007 till the date of filing of the suit, totaling to a sum of Rs.1,01,875/-.