PRABHUDEV Vs. KADAMBA CREDIT CO-OPERATIVE LTD

JUDGEMENT

(1.) Sri.S.G.Kadadakatti, learned counsel for appellant and Sri.Vishwanath Hegde, learned counsel for respondent, have appeared in-person.

(2.) The parties are referred to as per their ranking before the trial Court.

(3.) The facts are simply stated as under:- It is stated that the plaintiff is a Co-Operative Society registered under Souharda Act. The defendant had leased his premises to the Society on a monthly rent of Rs.2000.00 per month (Rupees Two Thousand only). The Lease Agreement was entered in to on 1/2/2001. Plaintiff-Society deposited a sum of Rs.25,000.00 (Rupees Twenty-Five Thousand only) as security deposit. The said amount was repayable to the plaintiff at the time of vacating the leased premises. The lease agreement dtd. 1/2/2001 was initially for a period of 11 months. Plaintiff- Society used to deposit the monthly rent to the savings account of the defendant in the plaintiff -Society. Subsequent to the expiry of the lease, the lease between the parties nevertheless continued and was orally renewed. The deposit of Rs.25,000.00 (Rupees TwentyFive Thousand only) was treated as security deposit after the expiry of initial lease. Under the renewed lease, the rent was fixed at Rs.2,000.00 (Rupees Two Thousand only) till 31/1/2003. Subsequent to the expiry of oral lease on 1/2/2003 fresh oral lease was created between the parties. The deposit of Rs.25,000.00 (Rupees Twenty Five Thousand only) was treated as deposit for the fresh oral lease as well. Under the renewed lease the rent was fixed at Rs.2,300.00 (Rupees Two Thousand Three Hundred only) with effect from 1/2/2003 till 31/3/2007. Again, with effect from 1/4/2007 the oral lease was renewed orally and Rs.25,000.00 deposit made earlier was treated as security deposit by plaintiff repayable to the plaintiff at the time of vacating the premises. The said agreement continued till 31/1/2009. Again on 31/1/2009 lease was orally renewed and oral arrangement with respect to security deposit continued with an understanding that the same shall be repayable to the plaintiff at the time of vacating the premises. Rent was fixed at Rs.3,000.00 (Rupees Three Thousand only) per month.