D.S. NAGARAJ Vs. M.S. NAGABHUSHANA

JUDGEMENT

(1.) This matter is listed for admission. Heard the learned counsel for the petitioner and the learned counsel for the respondents.

(2.) This revision petition is filed praying this Court to set aside the judgment and decree dtd. 27/9/2019, passed in S.C.No.1988/2016 on the file of the XVIII Additional Judge, Court of Small Causes, Bengaluru.

(3.) The factual matrix of the case of the plaintiffs before the Trial Court is that the defendant is a tenant under the plaintiffs in respect of the suit schedule property. The defendant approached the plaintiffs and requested them to let out the suit schedule premises on rental basis. After mutual discussions between the plaintiffs and the defendant, the rent was fixed at the rate of Rs.2,500.00 per month and the maintenance charges of Rs.2,600.00 which includes, lift, cleaning, security, generator and other facilities and the defendant had agreed to pay the security deposit amount of Rs.9,00,000.00. Accordingly, the plaintiffs and the defendant have entered into a rental agreement on 12/5/2014 for a period of eleven months only. On the date of execution of the rental agreement, the defendant has paid a sum of Rs.9,00,000.00 to the plaintiffs and the plaintiffs have received and acknowledged the same. As per the terms and conditions of the said rental agreement, the security deposit amount is refundable by the plaintiffs to the defendant at the time of vacating the schedule premises by the defendant and further the said security deposit amount shall not carry any interest. The original of the rental agreement is in the custody of the defendant and a copy of the same is with the plaintiffs.