SAGAR AUTOMOBILES, Vs. KAILASH CHANDRA SUDARSHAN

JUDGEMENT

(1.) THE appellant has called into question the judgment and decree, dated 17.09.2013 passed by the Court of the XII Additional City Civil and Sessions Judge, Bangalore in O.S.No.603/2010.

(2.) THE facts of the case in brief are that the respondent plaintiff filed the suit for ejectment contending that the appellant defendant is a lessee in respect of the schedule premises on a monthly rent of Rs. 1,05,000/ -. The appellant defendant runs an automobile showroom and service station in the schedule premises. The original lease agreement, dated 01.04.1999 was executed between the respondent plaintiff, his father late V.Balasubramanyam on one side and the appellant defendant on the other side. On the expiry of the lease period and after the expiry of the father of the respondent - plaintiff, a fresh lease agreement, dated 01.04.2004 was executed between the parties herein. As the appellant defendant stopped paying the rents, the respondent plaintiff caused the issuance of the legal notice, dated 05.09.2009 and terminated the tenancy.

(3.) THE defence of the appellant defendant in brief is that it erected the construction on the suit schedule property at its cost with the permission of the respondent plaintiff. It admitted that it is a tenant but not at the rental rate of Rs. 1,05,000/ - but at Rs. 95,000/ -. The appellant defendant contended that the respondent plaintiff has collected his money of Rs. 14,00,000/ - as advance and that the said amount was to be adjusted towards the arrears of rent. The appellant defendant contended that both the demand notice, dated 05.09.2009 and the termination notice, dated 30.11.2009 are not at all issued.