VEMANA Vs. K.N. RAJU

JUDGEMENT

(1.) This appeal is listed for admission. Heard the learned counsel for the appellant and the learned counsel for the respondents.

(2.) This appeal is filed praying this Court to set aside the impugned order dtd. 31/3/2023 passed in Misc.No.88/2020, on the file of the VII Additional City Civil and Sessions Judge (CCH-19), Bengaluru.

(3.) The factual matrix of the case of the plaintiffs before the Trial Court is that the defendant was a tenant under the plaintiffs pursuant to a registered agreement of lease dtd. 30/3/2013, for a period of five years on the terms and conditions set out therein in respect of the premises bearing No.1142, PID No.55/445/1142, 100 feet road, 5th Block, 3rd Phase, Banashankari 3rd Stage, Bangalore. The said lease ended by efflux of time and the tenancy was continued with the express consent of the respondents as a month to month tenancy. It is contended that the appellant herein has not paid the rent and hence in the suit they prayed to direct the defendant to pay a sum of Rs.52,11,000.00 to the plaintiffs towards arrears of rent which is due upto the end of October 2019 along with interest at the rate of 18% and also claimed damages at double the rate of rent i.e., Rs.6,20,000.00 per month from the date of suit till realization. Inspite the defendant acknowledged the notice, he did not vacate the premises and rate of rent agreed to pay is Rs.3,10,000.00 per month. The plaintiffs had issued a legal notice dtd. 16/11/2013 calling upon the defendant to clear the said amount of Rs.8,50,000.00 due under two cheques each and also constrained to file criminal complaint before the Magistrate Court. Later, the said complaint has been withdrawn at the request of the defendant. Inspite of the same, the defendant failed to pay the said security deposit as agreed. Hence, the defendant is liable to increase the rent by 10% once in every year over and above the last paid rent. The defendant has damaged the suit schedule building while making internal alteration and modification and the plaintiffs have to incur another Rs.5,00,000.00 for repairing the same. The tenancy has been terminated with effect from end of August 2019 and the defendant is liable to pay the damages.