S. GAYATHRI Vs. S. N. SINGH

JUDGEMENT

(1.) Heard the learned counsel appearing for the complainants, the learned counsel appearing for the accused as well as the accused who are personally present through video conferencing.

(2.) The complainants are the plaintiffs in a suit filed in the City Civil Court at Bengaluru and the accused is the defendant. The suit is filed by the complainants for seeking a decree of eviction against the accused and for recovery of a sum of Rs.3,39,900/- towards the arrears of rent along with the interest at the rate of 18% per annum from the date of the suit. It is pleaded in the suit filed by the complainants that they are the owners of the schedule premises consisting of a residential house comprising of 2 halls, 1 dining room, 4 bedrooms with attached bathrooms, 1 study room, 1 common bath-cum-toilet, 1 kitchen, 1 prayer room, 1 store room, 1 utility area, 1 balcony, 1 garage, 1 servants quarters, 1 sump and 2 overhead tanks, measuring around 3200 sq. feet situated at 12th Cross, II Phase,J.P.Nagar, Bengaluru. The schedule premises was let out by the complainants to the accused on 1st July 2009 for a monthly rent of Rs.27,000/-. The averments made in the plaint are that the accused was in arrears of rent to the extent of Rs.3,39,900/- as on 1st October 2016 which is the date of filing of the suit. An application, being I.A No.3 was in the suit filed by the complainants seeking a direction against the accused to deposit the admitted monthly rent of Rs.27,000/- from January 2017 and to continue payment of the same. The learned Trial Judge by his order dated 20th September 2019 directed the accused to deposit the rent from January 2017 in the Court. It is this order which was subjected to a challenge by the accused by filing Writ Petition No.6342 of 2020. The said petition came up before this Court on 18th November 2020 and was disposed of. The said order reads thus:

(3.) Thus, the accused has undertaken to pay the arrears of rent payable from January 2017 in 3 equal installments payable on 30th November 2020, 15th January 2021 and 15th March 2021 respectively and to continue to pay the rent accruing due in terms of the interim order on regular basis. The present contempt petition is filed alleging breach of the aforesaid order and the undertaking of the accused.