LAWS(KAR)-2013-11-483

SHARAVANA MINERALS Vs. R JAYALAKSHMI

Decided On November 13, 2013
SHARAVANA MINERALS Appellant
V/S
R JAYALAKSHMI Respondents

JUDGEMENT

(1.) This revision petition is filed under Section 18 of the Small Cause Courts Act challenging the judgment and decree dated 10.04.2013 passed by the Small Causes Court at Bangalore in S.C.No.316/2012.

(2.) Petitioner is defendant No.1 in the Court below. S.C.No.316/2012 was filed seeking ejectment and for arrears of rent and also for damages in respect of the schedule premises described as industrial shed old No.84 (new No.65/3) situated at Industrial Suburb, Yeshwanthpur, Bangalore, consisting of two sheds measuring 2500 sq.ft. and 1500 sq.ft.

(3.) The schedule property was let out to the defendants along with plants and machineries installed therein on a monthly rent of Rs. 1,000/-. The defendants defaulted in making payment of the rent. This made the plaintiff to cause the legal notice dated 15.06.2006 terminating the tenancy. Defendant refused to vacate. Hence, the plaintiff was constrained to file the suit contending that the present market rent that the building fetched was more than Rs. 40,000/- per month and therefore, the defendants who had continued in unlawful occupation of the premises were liable to pay damages at the rate of Rs. 40,000/- per month from the date of termination of tenancy.