KAJU DEVI Vs. H S RUDRAPPA ALIAS RUDY

JUDGEMENT

(1.) THIS Regular first appeal is filed by the defendants questioning the correctness of the judgment and decree dated 11. 3. 2005 passed by the I Addl. City Civil and Sessions Judge, Bangalore in o. S. No. 6689/99, wherein it has directed the defendants to deliver the vacant possession of the suit schedule property to the plaintiffs within 60 days from the date of the judgment and further directed that there shall be an enquiry for mesne profit as contemplated under Order 20 Rule 12 code of Civil Procedure and they shall pay a sum of Rs. 38,500/- with interest at 12% per annum towards arrears of rent to the plaintiffs from the date of the suit till the realization of the same, they have sought for setting aside the impugned judgment and decree by allowing this appeal.

(2.) FOR the sake of convenience, the rank of the parties are referred to in this Judgment as assigned in the plaint presented before the Trial Court.

(3.) THE brief facts of the case are stated as hereunder for the purpose of appreciating the rival legal contentions urged on behalf of the parties with a view to answer the same in this judgment. The case of the plaintiffs is that they have leased out the suit schedule property to the defendants on a monthly rent of Rs. 1,100/-and the defendants have not paid the rents from 1. 3. 1995 to 1. 6. 1995 amounting to Rs. 3,300/ -. On 9. 6. 1995 they got issued a quit notice to the defendants calling upon the to vacate and deliver vacant possession of the suit schedule premises to them after expiry of the date mentioned therein. Since the defendants did not comply with the demand made in the notice, HRC. No. 1695/95, was filed by them which came to be dismissed, in view of revival of Section 31 of Karnataka Rent Control Act, 1961 (now repealed ). The plaintiffs got issued another quit notice dated 18. 5. 1999 to the defendants by determining the tenancy in respect of the suit premises and called them to pay the arrears of rent payable in respect of the same for three years amounting to Rs. 38,500/ -. Further stated that despite determination of the contractual tenancy, the defendants did not vacate and deliver vacant possession of the premises and failed to pay the arrears of rent to the plaintiffs and continued in unauthorized occupation and therefore they are entitled for mesne profits. Therefore they filed the original suit for grant of judgment and decree of ejectment against the defendants and to order for payment of Rs. 38,500/- towards the arrears of rent of three years and also prayed for awarding mesne profits from the date of termination of tenancy till the delivery of possession of the suit premises to the plaintiffs.