G S SHARADA Vs. G N GOPALAKRISHNA

JUDGEMENT

(1.) THIS is plaintiffs Regular First Appeal challenging the judgment and decree passed by the Trial Court dismissing the suit for ejectment.

(2.) THE subject matter of the suit is, 11 rooms, one office room with one common bath and toilet in the first floor portion of the property bearing Nos.953 and 954, New Kalyan Lodge, situated at 12th Main, III Block, Rajajinagar, Bangalore, which is morefully described in the plaint schedule hereinafter referred to as the schedule property.

(3.) THE case of the plaintiffs is, they are the absolute owners of the suit schedule property. The defendant is a tenant under the plaintiffs in respect of the schedule property on a monthly rent of Rs. 12,500/ -. The lease was granted in favour of the defendant during the lifetime of the plaintiffs and defendant's father and the tenancy is a monthly tenancy commencing from the first day of every English calendar month and expires on the last day of the same month. After the death of the plaintiffs and the defendant's father, the plaintiffs had issued a letter calling upon the defendant to execute a fresh lease deed in respect of the schedule property. But the defendant did not come forward to execute the fresh lease deed. Therefore, they got issued a legal notice dated 21.5.2001 calling upon the defendant to execute the fresh lease deed and also to pay the arrears of rent amounting to Rs. 87,500/ -. The notice was duly acknowledged by the defendant, but he did not pay the arrears of rent nor executed the fresh lease deed. Therefore, the plaintiffs declined to continue the lease. They got issued a legal notice dated 7.8.2001 terminating the tenancy with effect from the mid -night of 30.9.2001 calling upon the defendant to quit and deliver vacant possession of the suit schedule premises on the expiry of 30.9.2001 and on his failure to do so, it was made clear, he would be treated as unauthorised occupant and would become a trespasser and liable to pay a sum of Rs. 500/ - per day as damages commencing from 1st October 2001. The said notice was duly served on the defendant. The defendant sent an evasive reply on 27.8.2001 without complying with the demand made in the notice. Therefore, the plaintiffs filed a suit for ejectment of the defendant from the schedule premises, for a direction to pay a sum of Rs.1,25,000/ - towards arrears of rent upto 30.9.2001 and to pay a sum of Rs.500/ - per day as damages with effect from 1.10.2001 and other consequential reliefs.