PUNJAB NATIONAL BANK Vs. SRINIVASA ENTERPRISES

JUDGEMENT

(1.) This appeal is filed under Sec. 96 of Code of Civil Procedure, 1908 (for short 'CPC') by the Defendant challenging the judgment and decree dtd. 20/12/2018 passed in O.S. No.16840/2006 by the XXVI Additional City Civil and Sessions Judge At Mayo Hall, Bengaluru (CCH - 20) (for short 'the Trial Court'), whereunder the suit filed for recovery of money was partly decreed.

(2.) For the sake of convenience, the parties will be referred to as per the rank before the Trial Court.

(3.) The Plaintiff has filed the instant suit in O.S. N.16840/2006 for recovery of a sum of Rs.9,34,924.00 together with interest @ 18% per annum from the date of suit till the date of realisation. It is the case of the Plaintiff that it is the owner of the suit property and had let out the same to Nedungadi Bank (the predecessor in interest of the Appellant/Defendant) on a monthly rent of Rs.13,574.00 and refundable advance of Rs.81,444.00. The tenancy was renewed as per Lease Agreement dtd. 23/9/2022 for a period of five years on monthly rent of Rs.23,144.00 w.e.f. 1/9/1998 with an option to renew the same for a further period of five years by enhancing the rent @ 20% every three years and additional advance of Rs.1,32,969.00; that the Nedungadi Bank merged with the Defendant-Bank and thereafter, the Defendant vide Lease Agreement dtd. 23/9/2002 has started to pay monthly rent of Rs.23,414.00 from 1/9/2002. In this regard, the Plaintiff gave a representation calling upon them to pay the rent as per the terms of Lease Agreement dtd. 23/9/2002. Having failed to pay the rent, as demanded by the Plaintiff, the suit was filed claiming the rent due as follows: <IMG>JUDGEMENT_671_LAWS(KAR)3_2023_1.jpg</IMG>