B.S.NEELAKANTA Vs. RADHA

JUDGEMENT

(1.) Plaintiff is O.S.No.7072 of 2007 on the file of 12th Additional City Civil Judge Court, Bengaluru (CCH-27) has preferred this appeal challenging the judgment and decree passed in the said case dtd. 1/4/2010.

(2.) It was the case of the appellant that appellant is the owner of the suit property. One Smt.Lakshmamma, i.e., (mother of deceased defendant No.1) grandmother of Respondent Nos.1 and 2 was tenant in the said property. After the death of Smt.Lakshmamma, Respondent Nos.1 and 2 and their mother deceased defendant No.1, continued tenancy rights and they have been paying rent of Rs.1,000.00 per month. The respondents were irregular in payment of the rent. They did not pay rent from November, 1997 onwards till the filing of the suit, inspite of several requests. However, the appellant for the purpose of this suit, claiming the rent only for a period of three years, i.e., Rs.36,000.00.

(3.) Appellant further contended before the Trial Court that he issued notice dtd. 18/8/2007, under Sec. 106 of Transfer of Property Act, terminating the tenancy of the respondents and called upon them to hand over the vacant possession of the property and also to pay mesne profits at the rate of Rs.5,000.00 per month. Inspite of service of notice, respondent did not vacate the premises and pay the arrears of rent. Therefore, he was constrained to file the suit. With these reasons, the appellant prayed for the relief of ejectment of respondents from the suit property and also for payment of arrears of rent of Rs.36,000.00.