GOPAL S/O LATE GOVINDARAJ MUDALIAR Vs. SRI RAMULA SANNIDHI, REPRESENTED BY ITS YEJMAN DHARMAKARTHA SRI GADI R. PARTHASARATHY AND DHARMAKARTHA SRI P.G. PADMANABHAN

JUDGEMENT

(1.) THIS appeal is by the Defendant challenging the judgment and decree passed by the XXVI Addl. City Civil Judge, Bangalore, in O.S. No. 25797/2008.

(2.) SUIT was filed by the Plaintiff for ejectment. Suit property is a shop premise in which Defendant is the tenant on a monthly rental of Rs. 100/ -. According to the Plaintiff, Defendant is a chronic defaulter in paying the rentals and is in arrears of rentals from 1.6.2007 onwards. Accordingly, terminating the tenancy, suit came to be filed. Suit was resisted by the Defendant denying arrears of rentals and according to him, the management of the Plaintiff has refused to collect the rentals and although he has sent money order for Rs. 800/ -, the same was not received by the Plaintiff and there is no proper termination of tenancy. Based on the pleadings, as many as three issues were raised and after enquiry, the trial Court holding that there is due termination of tenancy as required under Section 106 of the Transfer of Property Act, by giving three months' time to the Defendant to vacate the premises, has decreed the suit as against which, the Defendant -tenant is in appeal.

(3.) ACCORDING to the learned Counsel for the Appellant, the suit is not maintainable. He is ready to build the shop premise which is in a dilapidated condition and he will continue in one portion and another portion will be let out to the Plaintiff and he would pay the rentals. It is also submitted that the property is measuring less than 14 sq. mtrs.