N. LEELA BAI Vs. NARAYANASWAMY.V

JUDGEMENT

(1.) Though the matter is posted for admission, the same is taken up for final disposal with the consent of learned counsel for both the parties.

(2.) In order to avoid confusion and overlapping, the parties are addressed in accordance with their status and ranking before the Trial Court.

(3.) The substance of the pleadings of the plaintiff is that she is the absolute owner of the schedule property and the defendant is the tenant in occupation of the schedule property which consists of Basement and Ground Floor portions measuring 4500 Sq.ft. situated at No. 133, Margosa Road, Malleswaram, Bengaluru. Initially, the monthly rent was Rs.1.00 lakh, of which Rs.80,000.00 was being paid by way of cheque and Rs.20,000.00 by cash. The defendant is running a hospital under the name and style of "Leel a Hospital and Diagnostic Centre". The plaintiff did not want to continue the tenancy and got issued legal notices dtd. 8/2/2017 and 27/3/2017 marked as Exs.P.3, P.6 and P.26. Thus, in the said termination notices, the plaintiff called upon the defendant to quit and vacate the schedule property. However, the terminology used regarding the nature of contractual relationship is 'license' as in Ex.P.3. Thus, by virtue of cancellation or termination of tenancy, the suit was filed for eviction.