ABDUL KHADER Vs. SRI DANDU MARIYAMMAN TEMPLE TRUST

JUDGEMENT

(1.) THIS appeal is by the defendant. Respondent-plaintiff is a trust represented by its trustees. Respondent filed O. S. No. 15348 of 1999 on the file of the additional City Civil Judge, Mayo Hall, Bangalore requesting the Court to direct the defendant to surrender vacant possession of the suit property and to pay damages of Rs. 100/- per day from 1-1-1999 till the date of filing the suit amounting to Rs. 7,200/- and also to hold an enquiry in regard to future mesne profits.

(2.) ACCORDING to the plaint averments, defendant is a tenant under the plaintiff in respect of the premises No. 25, Venkataswamy Naidu Road, shivaji Circle, Shivajinagar, Bangalore-51, on a monthly rent of Rs. 27/- and that the defendant is irregular in payment of rent and has failed to pay rent from 1-6-1994 to 31-12-1998 amounting to Rs. 1,487/- and restricting the claim for a period of three years has filed the suit for recovery of Rs. 648/ -. It is further averred that plaintiff had filed an eviction case against the defendant in H. R. C. No. 3617 of 1982 on the file of the Small Causes Court, Bangalore and which petition came to be dismissed on 13-8-1997 as not maintainable in view of the amendment to Section 2 (7) (bb) (iii) of the Karnataka Rent Control act, 1961 by terminating the defendant by issuing a legal notice dated 7-1-1999 calling upon the defendant to pay a sum of Rs. 100/- per day for wrongful use and occupation, has filed this suit.

(3.) DEFENDANT contested the case. He denied the relationship of landlord and tenant. According to him, premises in question is in his possession and his father since 1928 and has become the absolute owner by way of adverse possession and that he is not liable to pay damages either at the rate of Rs. 100/- per day or at any other rate. Petition filed by the trust is not maintainable. According to him, plaintiff-trust being a public charitable trust, trust has to invoke the provisions of the Karnataka Rent Control Act and requested the Court to dismiss the suit.