GANGAMMA Vs. KONDAMMA

JUDGEMENT

(1.) This petition is filed challenging the judgment and decree dtd. 6/7/2022 passed in S.C. No.1623/2019 on the file of the Small Causes Judge, Bengaluru.

(2.) This matter is listed for the admission. Heard the learned counsel appearing for the respective parties.

(3.) The factual matrix of the case of the plaintiff before the Trial Court that the suit premises belongs to the plaintiff and all revenue documents are standing in her name and she earlier had let out the premises for rent to the defendant and due to some personal and family problems, she leased out to the defendant in the year 2008 for Rs.15,000.00 for a period of three years and that was extending due to the plaintiff incapable of paying the lease amount to the defendant. The plaintiff is ready to repay the lease amount of Rs.15,000.00 to the defendant and asked her to vacate and handover the suit premises. It is also contended that the plaintiff is a widow residing in her daughter's house at Hongasandra. The plaintiff orally requested the defendant to vacate and handover the schedule premises but the defendant did not hear the plaintiff's request. The plaintiff is aged about 65 years and she has retired from the sweeper job and her health condition is also not good. Hence, she is in need of the schedule premises. Thus, the plaintiff issued a legal notice to the defendant terminating the lease invoking Sec. 106 of the Transfer of Property Act and inspite of service of notice, the defendant did not vacate the premises. Hence, without any other alternative, she has filed the suit.