HERCULES SPORTS INTERNATIONAL Vs. T. AMUDHA

JUDGEMENT

(1.) The above first appeal is filed by the Defendants under Sec. 96(1) of the Code of Civil Procedure, 1908 (hereinafter referred to as the 'CPC') challenging the judgment and decree dtd. 31/1/2018 passed in OS No.7642/2014, whereunder the suit of the Plaintiffs for ejectment has been decreed.

(2.) For the sake of convenience, the parties herein are referred as per their rank before the Trial Court.

(3.) It is the case of the Plaintiffs that they let out the suit premises to the Defendants under certain terms and conditions vide Lease Agreement dtd. 1/2/2011, whereunder the monthly rent agreed to be paid was Rs.1,90,000.00 pm., and the refundable deposit was Rs.19.00 lakhs. The said Agreement also contemplated escalation of rent of 15% every three years. It is the further case of the Plaintiffs that the Defendants having become irregular in the matter of payment of rent and the Plaintiffs got issued a legal notice dtd. 25/6/2014 terminating the tenancy of the Defendants, requested them to vacate and handover vacant possession of the suit premises and to pay the outstanding rent. The Defendants received the said legal notice and responded to the same vide reply notice dtd. 26/7/2014. That since the Defendants did not comply with the demands made in the legal notice, the Plaintiffs filed a suit seeking a direction to the Defendants to vacate and handover vacant possession of the suit premises and to pay the arrears of rent from November 2013 till July 2014 in a sum of Rs.20,49,444.00 as also damages for illegal occupation from August 2014.