PARVATHAMMA Vs. K.N. MADHUSUDAN

JUDGEMENT

(1.) THE petitioner, as the plaintiff, filed O.S. No. 8217/2009 in the City Civil Court, Bengaluru against the respondent/defendant, to pass a decree of ejectment in respect of the southern side of commercial premises bearing No. 30, Ground Floor, situated at I Cross, Aswathnagar, RMV II Stage, Bengaluru -94. The defendant/respondent has filed written statement vide Annexure -C. Issues were raised and after commencement of the trial and the closure of plaintiffs case, defendant has delivered possession of the suit premises on 16/2/2012.

(2.) ON 11/12/2012, I.A. No. 6 was filed by the plaintiff, under Order 6 Rule 17 r/w Section 151 CPC, to permit the amendment of the plaint i.e., to incorporate the proposed pleading with regard to the defendant being in arrears of rent and the need to pass a decree for realization of the arrears amounting to Rs. 6,80,698/ - found due after deduction of Rs. 2,40,000/ - paid as security deposit. The Trial Court having dismissed I.A. No. 6 by an order dated 26/10/2013, this petition was filed to quash the order as at Annexure -F and grant the consequential relief.

(3.) IN the suit, apart from the decree for ejectment, the plaintiff claimed payment of Rs. 2,000/ - per day as damages from the date of suit, for the defendant having remained in occupation of the plaint schedule premises unauthorisedly i.e., after termination of the tenancy by issue of notice dated 2/9/2009. The accumulated arrears of rent, if any, was not claimed in the suit. Plaintiff has deposed as PW -1 and was cross -examined in full on 15/12/2011. The defendant has delivered key of the suit premises and the physical possession thereof on 16/2/2012. As a consequence, the first prayer in the suit with regard to the liability of the defendant to deliver vacant possession of the suit premises has come to an end. What has remained for consideration is the liability or otherwise of payment of Rs. 2,000/ - per day, being the damages for remaining in possession of the premises after the expiry of the period shown in the tenancy termination notice dated 2/9/2009.