M. NAVEEN KUMAR Vs. G. KOLUSHANTHAPPA

JUDGEMENT

(1.) This matter is listed for admission. Heard the learned counsel for the appellant.

(2.) The factual matrix of the case of the respondent/plaintiff before the Trial Court is that the appellant/defendant was a tenant under him and he entered into a rent agreement dtd. 1/5/2019 on a monthly rent of Rs.23,000.00 and except payment of advance, he did not pay the rent at any point of time. It is also his case that legal notice was issued to the defendant and the same was served and the defendant did not give any reply and without any other alternative, the plaintiff filed a suit for the relief of ejection. The Trial Court also issued notice against him and inspite of service of notice, he did not choose to appear before the Trial Court on 25/11/2021 when the case was posted. Thereafter, the Trial Court proceeded to record the evidence of P.W.1 and P.W.1 got marked the documents at Ex.P.1 to 18(a). The Trial Court passed the exparte decree against the appellant herein and the same is challenged in R.A.No.22/2022. The First Appellate Court having considered the grounds urged in the appeal memo, formulated the points whether the plaintiff has proved before the Trial Court that he has validly terminated the tenancy of the defendant in respect of the schedule property and that the defendant was in due for a sum of Rs.6,44,000.00 towards arrears of rent? Whether the plaintiff has proved that he is entitled for the relief of possession and decree for recovery of arrears of rent and whether the judgment and decree of the Trial Court suffers from illegality. The appellant filed I.A.Nos.3 and 5 to adduce evidence and the respondent filed I.A.No.4 for the release of the amount. I.A.No.4 was considered by the First Appellate Court and comes to the conclusion that inspite of service of notice, the respondent did not choose to appear before the Trial Court and even when notice was issued, no reply was given and also taken note of that notice was served and he did not make his appearance before the Trial Court on 25/11/2021 and hence he was placed exparte. The First Appellate Court also taken note of the defence of the appellant in paragraph No.26 regarding filing of O.S.No.3/1996 and all the grounds which were urged before the First Appellate Court were considered and confirmed the judgment of the Trial Court.

(3.) Being aggrieved by the concurrent judgment of the First Appellate Court, the present second appeal is filed before this Court.