K. GANGASETTY AND ANOTHER Vs. S. MUNISAMI

JUDGEMENT

(1.) Defendants 1 and 2 have preferred this appeal against the judgment and decree dated 18.8.1983 passed by the learned XVI Additional City Civil Judge, Bangalore City in O.S. No. 1884 of 1980.

(2.) Though the suit in question was originally filed in the Civil Judge's Court, Bangalore City on 26.10.1977 as O.S. No. 770/1977, but on the establishment of City Civil Court, it statutorily stood transferred to the City Civil Court and was numbered as O.S. No. 1884/1980.

(3.) The respondent-plaintiff filed the aforesaid suit for ejectment and recovery of possession of the suit schedule premises bearing Old Municipal No. 53, New No. 258 situated at old Tharagupet. According to the case of the plaintiff, the suit schedule premises are shop premises and defendants 1 and 2 are the partners of the firm known as 'Sri Balakrishna Flour Mills'; that defendants 1 and 2 had obtained the premises on lease, therefore, defendants 1 and 2 were the tenants of the premises on a monthly rent of Rs. 1,250/-. The further case of the plaintiff is that a sum of Rs. 10,000/- was paid at the time of commencement of the lease which has to be returned only at the time of vacating the premises; that the defendants put up a permanent structure without the consent of the plaintiff and they also remained in arrears and as such the plaintiff terminated the tenancy by issuing a notice as required by Section 106 of the Transfer of Property Act, and filed the suit for ejectment of the defendants and to direct them to deliver vacant possession of the schedule premises to the plaintiff and also to grant a decree for a sum of Rs. 5,800/- together with Court costs and current interest at 6% p.a. on Rs. 5,800/- from the date of suit till the date of realisation.