ANUSUYA BAI Vs. SRI VEERANJANEYA TEMPLE

JUDGEMENT

(1.) HEARD the learned counsel for petitioner and learned counsel for respondent. This petition is arising out of the judgment passed in S.C. No. 15514/2012 before the XVII Addl. Judge, Court of Small Causes, Mayo Hall, Bangalore where an order of eviction has been passed against this petitioner.

(2.) THE defendant/petitioner is said to be a tenant under the plaintiff/respondent in respect of portion of premises bearing No. 8, Muthyalamma Temple "G" Street, Thimmaiah Road, Bangalore on a monthly rent of Rs. 900/ -. Notice was served to the plaintiff on 16.10.2012. After service of notice and filing of the suit seeking ejectment of the defendant from the suit schedule property, the matter was contested and Trial Court raised 3 points for determination and held that there is due service of notice for termination of tenancy and directed the defendant to vacate and hand over the vacant possession of the suit property within one month from the date of judgment. Further, it directed the defendant to pay cost of Rs. 5,000/ - to the plaintiff and to pay rent at the rate of Rs. 900/ - per month from 10.1.2012 till the date of handing over the vacant possession of the premises to the plaintiff. Aggrieved by the said order, the petitioner is before this Court.

(3.) THE learned counsel for the respondent submits that there are several admissions admitting the relationship. Petitioner is said to be defaulter and Trial Court has held that there is due service of notice as per Section 106 of Transfer of Property Act and hence, there is no illegality in the order passed by the Trial Court.