M I THIMMAPPA GOWDA Vs. DEVANNA GOWDA

JUDGEMENT

(1.) The appellant and the respondent in this Regular Second Appeal were the plaintiff and the defendant respectively in O.S. No. 440 of 1972 on the file of the Principal Munsiff, at Puttur, South Kanara, now Dakshina Kannada. The parties to this appeal will be referred to as in the court of first instance in the course of this judgment for the sake of convenience.

(2.) The plaintiff brought the original suit No. 440 of 1972 against the defendant for possession of the plaint 'A' Schedule building and 'B' schedule moveables and for recovery of Rs. 500/- as damages, Rs. 450/- as arrears of rent, Rs. 20/ as notice charges together with mesne profits and costs.

(3.) The case of the plaintiff as could be ascertained from the plaint averments stated briefly are as follows : Certain Koragappa Gowda who was examined as P.W. 3 was the original owner of the plaint 'A' schedule building and 'B' schedule moveables. The defendant was the tenant under Koragappa Gowda of both the items of properties. The plaintiff purchased these properties from Koragappa Gowda on 10-3-1966 under a registered sale deed. After the plaintiff became the owner, he also leased out both 'A' and 'B' schedule properties to the defendant on a monthly rent of Rs. 25/- for a period of 11 months under a written rent bond dated 12-5-1966 Ex. P. 1. In Ex. Pl. the date of commencement of the lease was stated as 1-4-1966, As per the terms of the rent bond, the defendant was obliged to pay the rent at the end of every month and obtain receipts and sur-render both the items of properties to the plaintiff at the end of February 1967. The defendant was required to enjoy the lease hold properties during the lease period carefully and systematically. He enjoyed them till the lease period was over. Thereafter he continued to enjoy them as a tenant holding over on the same terms. He paid rents as per the terms of the rent bond for some time and failed to pay the same for six months from 1-10-1970 to 31-3-1971. Early in the year 1971, the plaintiff effected substantial repairs to the building. Some extension was also made to the existing building. The plaintiff had incurred substantial expenses for the said work and asked the defendant to give back the leasehold properties, but the defendant wanted to continue the leasehold for some more time and agreed to pay additional rent of Rs. 25/- with effect from 1-4-1971. Thus, the defendant continued in the premises as a tenant on a monthly rent of Rs. 50/- from 1-4-1971. He agreed to surrender the lease hold at the end of eleven months i.e. on 29-2-1972. In spite of repeated demands, the defendant failed to pay the arrears of rent due from April 1971 at the enhanced rate. The defendant failed to pay rent at the rate of Rs. 25/- per month for six months from 1-10-1970 to 31-3-1971 and at the enhanced rate from 1-4-1971 to 31-3-1972 for a period of ten months. Subsequently, the defendant sent some money to the plaintiff towards the arrears of rent by money order which the plain-tiff received in part satisfaction of the rent due to him.