VASUDEVA RAO & SONS Vs. PRATHIBA DEVI

JUDGEMENT

(1.) These three writ petitions are preferred by the defendants challenging the order passed by the trial Court on an application filed under Order VII Rule 10 CPC for returning the plaint and directing the plaintiffs (three sisters) to present the same before the proper Court.

(2.) The case of the plaintiffs in all the three suits is that, they are the absolute owners of a portion of the property bearing Original Municipal No.20, New No.32, Seshadri Road, Bangalore 560 009 having obtained the same under a registered partition deed dated 09.02.1977; the portion allotted to the share of each of them has been assigned a new municipal number and the property owned by each of them is as described in the respective plaint schedule. The first defendant is a partnership firm registered under the provisions of the Partnership Act, 1932 and it is represented by its Managing Partner Sri A Prabhakar Rao, the second defendant. The plaintiffs' leased vacant land to the first defendant firm under a registered lease deed dated 31.07.1978 and the lease was for a duration of 32 years. Under the lease deed, the first defendant was permitted to construct as one composite unit, multistoried building upon the schedule property belonging to them and accordingly, the first defendant constructed the building in accordance with the sanctioned plan obtained by them. It was agreed that, on the expiry of lease period on 31.07.2010, the first defendant shall quit and deliver the vacant possession of the schedule 'A' property together with all the constructions made thereon. The first defendant has put up construction consisting of Ground floor, Mezzanine floor plus five floors on the leased property and is running a lodging business therein under the name and style "Hotel Sheetal". The tenancy is a monthly tenancy commencing from 1st day of every month and ending on the last day of the said month. Initially, the rent was fixed at Rs.200/- and it was increased from time to time as stipulated in the lease deed. The lease granted in favour of the first defendant expired by efflux of time on 31.07.2010. The plaintiffs being not desirous to continue the tenancy, issued notice dated 17.07.2010 terminating the tenancy of the first defendant and called upon the firm to quit and deliver the vacant possession of the schedule premises on 01.08.2010. On due service of notice, defendants sent reply dated 30.08.2010 refusing to vacate and hand over possession of the suit property to the plaintiffs.

(3.) The plaintiffs claim that the built up area of the suit property is about 12,000/- square feet and it is situated in Anand Rao Circle, which is near the Railway Station and also Karnataka State Road Transport Corporation Bus Stand. As such its rent would be about 30/- per square at present and therefore, the defendants are liable to pay Rs.3,60,000/- per month from 01.08.2010 till the date of handing over the possession with interest at 18% per annum. As on the date of suit, the defendants were liable to pay a sum of Rs.7,20,000/-. Therefore, the plaintiffs filed the suits for ejectment; for a direction to the defendants to quit and deliver vacant possession of the schedule premises and to pay Rs.7,20,000/- towards mesne profits and also to pay the sum of Rs.3,600/- per month as future mesne profits and cost.