A. BOOPATHI Vs. KOTAK MAHINDRA BANK

JUDGEMENT

(1.) Heard the learned counsel for appellant and the learned counsel for the applicant in IA.1 of 2023.

(2.) Learned counsel for the appellant submits that the appellant is entitled for the entire amount which is in deposit before the Trial Court by the respondent. In the alternative, he submits that at any rate, he will be entitled for the arrears of rent till 31/3/2008. He further submits that the applicant who is the subsequent purchaser has no locus standi to maintain the application and to come on record in the present proceedings. He further submits that FDP No.25006 of 2023 on the file of the XXVI Additional City Civil and Sessions Judge, Mayo Hall Unit (CCh-20), Bengaluru, is pending before the Trial Court, where the applicant is the Decree Holder and the matter may be decided by the Final Decree Court. Hence, he prays for dismissal of IA.1 of 2023.

(3.) Per contra, learned counsel for the applicant in IA.1 of 2023 submits that the tenancy of the applicant was terminated with effect from 23/3/2008. The rent deposited by the applicant is for the subsequent period and therefore, the respondent is entitled for the same. In view of the same, he intends to come on record, claiming arrears of rent which is in deposit before the Trial Court.