BHANWARLAL D. JAIN Vs. T. N. UMESH

JUDGEMENT

(1.) This petition is filed challenging the judgment and decree dtd. 9/1/2023 passed in S.C.No.116/2019 on the file of the IX ASCJ, Small Causes and Addl. MACT, Bengaluru.

(2.) This petition is listed for admission. Heard the learned counsel appearing for the respective parties.

(3.) The factual matrix of the case of the plaintiff before the Trial Court that the schedule premises belongs to the plaintiff and the same was let out to the defendants under the lease agreement dtd. 11/10/1998 for a period of 11 months. The defendants have agreed to pay the enhanced rent at the rate of 15% on every three years on a monthly rent of Rs.4,000.00. The tenancy commenced from 10th of every month and now, the monthly rent is Rs.12,170.00. The plaintiff requested the defendants to handover the vacant possession of the suit schedule property on or before 31/7/2018 for that the defendants requested for two months time and again sought for further time to vacate the same and thereafter, they have not vacated the schedule property and the defendants are also chronic defaulter in paying the rents. Hence, the plaintiff has issued legal notice to them terminating their tenancy and called upon them to pay the arrears of rent of Rs.73,020.00. The said notice was served on the defendants and the defendants gave untenable reply to the said notice denying the contention of the plaintiff and also not vacated the premises. Hence, filed the suit claiming to pay the arrears of rent, damages of Rs.25,000.00 per month and mesne profit.