A. SALEEM Vs. R. RAMESH

JUDGEMENT

(1.) This matter is listed for admission today. Heard the learned counsel for the appellants and the learned counsel for the respondent.

(2.) This appeal is filed challenging the order dtd. 6/3/2023, passed in O.S.No.780/2020, on the file of the LXXV Additional City Civil and Sessions Judge, Bengaluru, allowing the application filed under Order 11 Rules 21 and 39 Rule 10 read with Sec. 151 of CPC directing the defendants to pay the arrears of rent for 29 months from February 2019 to June 2021 at the rate of Rs.35,000.00 per month and directing defendant No.1 to pay the tax to the BBMP from the year 2011-12 to 2021-22 along with interest to the respective authorities as per the terms of the lease deed and directing the plaintiff to re-deposit the same before the Court if after the Court appreciating the merits of the case a judgment passed against the plaintiff saying that he has already received the rent from February 2019 to June 2021 as per rental receipt and the defendant already paid the taxes or he is not bound to pay the taxes then the plaintiff has to give undertaking that he should pay the same and deposit the same before the Court.

(3.) The learned counsel for the appellants submits that the appellants have not committed any default in payment of rent and they are paying the rent regularly. The plaintiff has issued the receipt and also payments are made through bank and the same has not been considered. The learned counsel submits that the Trial Court has made an observation with regard to the non-filing of the certificate under Sec. 65B with regard to the statements filed before the Trial Court and the very approach of the Trial Court is erroneous.