S.R. LEELAVATHI Vs. K. VEERESHAM

JUDGEMENT

(1.) This Regular First Appeal is filed by the defendant challenging the Judgment and Decree dated 18.11.2014 passed by the X Additional City Civil and Sessions Judge, Bengaluru (CCH-26), in O.S. No.3496/2010, by which the Trial Court passed a decree of ejectment and passed an order regarding mesne profits.

(2.) For the sake of convenience, the parties in this Judgment are referred to as they were arrayed before the Trial Court.

(3.) The suit filed by the plaintiff in O.S No.3496/2010 disclosed that the plaintiff being the owner of the suit schedule property had leased out the same to the defendant in terms of a lease deed dated 17.03.2001 according to which the plaintiff had agreed to receive a sum of Rs.3,25,000/- as interest free deposit for a period of three years and to rent out the suit premises to the defendant for a term of three years. It is stated that out of Rs.3,25,000/-, the defendant paid a sum of Rs.2,50,001/- to the plaintiff and had passed on two cheques for the balance sum of Rs.75,000/-. The plaintiff stated that these cheques were dishonoured due to insufficient funds and his attempts to recover back the funds failed. He stated that even after the expiry of the term of the lease, the defendant failed to quit and deliver the vacant possession of the suit premises. He stated that the plaintiff issued a notice of termination of the lease and that the same was served on the defendant. The defendant neither handed over the vacant possession of the premises nor replied to the legal notice. Later in deference to the desire of the defendant, the plaintiff secured a demand draft for a sum of Rs.2,50,000/- to refund the amount to the defendant. Despite the assurance of the defendant, she failed to vacate the premises. Thereafter, the defendant filed O.S No.1447/2007 for perpetual injunction contending that she was in possession of the suit premises in terms of a mortgage deed dated 17.03.2001. The suit filed in O.S No.1447/2007 was referred to the Bengaluru Mediation Centre. At the Bengaluru Mediation Centre, the plaintiff had agreed to settle the dispute by paying a sum of Rs.4,50,000/- to the defendant and also drew a demand draft for a sum of Rs.4,50,000/-. The defendant failed to honour the settlement that was arrived at before the Bengaluru Mediation Centre and therefore, the plaintiff was constrained to file a suit for ejectment of the defendant from the suit premises and for recovery of a sum of Rs.6,48,000/- being mesne profits from April 2004 to September 2009 and till the date of delivery of possession and to direct the defendant to pay to the plaintiff a sum of Rs.2,60,000/- being the interest calculated on the unpaid lease amount of Rs.75,000/- at the rate of 18% per annum from the date of the lease agreement i.e., 17.03.2001.