B.G.SURESH Vs. K.SRIRAM

JUDGEMENT

(1.) This appeal by the defendant in O.S.No.4112/2016 is directed against the impugned judgment and decree dtd. 25/8/2021 passed by the XIV Additional City Civil and Sessions Judge, Bengaluru, whereby the said suit filed by the respondent/plaintiff for ejectment/eviction of the appellant-defendant from the suit schedule premises and for other reliefs was decreed by the Trial Court, thereby directing the appellant/defendant to quit and deliver vacant possession of the suit schedule premises in favour of the respondent landlord and further directing him to pay arrears of rent and mere profits to the respondent.

(2.) Heard the learned counsel for appellant and learned counsel for the respondent and perused the material on record.

(3.) The material on record indicates that the respondent/plaintiff instituted the aforesaid suit against the appellant/defendant for the aforesaid reliefs. In the said suit, appellant/defendant did not file his written statement in the first instance and subsequently, sought for permission to file the same by filing an application I.A.No.5 in the suit. The said application having been rejected by the Trial Court vide order dtd. 2/3/2018, the appellant/defendant approached this Court in W.P.No.30918/2018. The aforesaid order dtd. 2/3/2018 passed by Trial Court rejecting I.A.No.5 filed by the appellant/defendant for permission to file written statement was affirmed by this Court by passing the following order:-