NATARAJA Vs. N JAGANNATH

JUDGEMENT

(1.) This matter is listed for admission today. Heard the learned counsel for the appellant.

(2.) This appeal is filed challenging the judgment and decree dtd. 1/4/2022, passed in R.A.No.105/2019, on the file of the I Additional Senior Civil Judge and CJM, Shivamogga.

(3.) The factual matrix of the case of the plaintiff before the Trial Court while seeking the relief of eviction against the defendant/appellant is that the defendant is a tenant under the plaintiff with respect to the suit schedule property measuring 25 x 40 feet comprising of Mangalore tiled house situated at 4th Cross, Marnamibailu (J.C.Nagar) Ward No.27, Shivamogga. The tenancy was a monthly tenancy for a rent of Rs.3,650.00 which commenced from 20/2/2012. The defendant for about two years paid the said amount of rentals regularly and thereafter became irregular in making payment of rentals. Upon demand, the defendant used to make payment of arrears of rentals in installments and after all the adjustment, the defendant is in due of Rs.40,150.00 as on 19/10/2015 for a period of 11 months. A notice was sent on 26/10/2015 calling upon the defendant to make payment of rentals and terminating the lease and also for damage at the rate of Rs.10,000.00 per month. The said notice was returned undelivered. Therefore, it was again sent and second time it was delivered to the defendant. Therefore, after valid termination of notice, the defendant was liable to make due of arrears of rentals along with damages. However, he restricts his claim to the rentals at the rate of Rs.3,650.00 up to filing of the suit which is calculated at Rs.58,400.00.