K.P.ASOKUMAR Vs. M/S. SHIKSHA ASSOCIATES

JUDGEMENT

(1.) The Petitioner is before this Court aggrieved by the order dated 23.09.2019 passed by the LX Additional City Civil and Sessions Judge (CCH-61), Bengaluru rejecting I.A.No.2 being an application under Order VII Rule 11 of the Civil Procedure Code (for short 'of CPC') filed in O.S.No.4239/2018 and further seeking for the said application of I.A.No.2 to be allowed.

(2.) O.S.No.4239/2018 has been filed seeking for recovery of a sum of Rs.14,76,737/- along with interest thereon. The said amount being the alleged refund of interest free security deposit and interest thereon paid under a lease dated 01.04.2016.

(3.) An application under Order VII Rule 11(a) CPC came to be filed by the defendant contending that the plaint does not make out a cause of action inasmuch as the plaintiff/tenant did not have a right to terminate the tenancy, the notices dated 01.11.2019 and 10.01.2018, which are said to have been issued are without any basis or authority under law.