ANAND KUMAR Vs. YUVARAJ VASANTH RAO PAWAR

JUDGEMENT

(1.) This is a defendant's second appeal calling in question the correctness and legality of the judgment and decree passed by the IV Addl. Senior Civil Judge dated 10.03.2015 in RA 105/2013, whereunder the judgment and decree passed by the Trial Court in OS No. 1695/2010 dated 21.01.2013 decreeing the suit for ejectment and granting three months time to the defendant to vacate and hand over vacant possession, came to be affirmed.

(2.) Respondent herein has filed a suit for ejectment against the appellant -defendant contending that defendant is in occupation of the suit schedule property by virtue of the tenancy granted by erstwhile owner Sri. T.A. Ashok Kumar and said property was purchased by the plaintiff under registered sale deed dated 22.02.2010 and as such he has become the owner of suit schedule property. It was also contended that defendant is the tenant in occupation of the suit schedule premises and was paying monthly rent of Rs. 3,575/ -. On account of plinth area of the suit schedule premises exceeding 14 square meters, provisions of Karnataka Rent Act was not applicable and as such, a quit notice was issued terminating the tenancy by notice dated 03.08.2010, which was replied by defendant on 17.08.2010 and on account of defendant not complying with the demand made in the quit notice, suit in question came to be filed for ejectment.

(3.) Defendant appeared on service of suit summons, filed the written statement denying the averments made in the plaint and contended that he has taken the suit schedule premises on lease under an agreement dated 01.11.2003 entered into with Sri. T.A. Ashok Kumar on monthly rent of Rs. 3,575/ - and lease had been renewed for a further period which was due to expire on 30.10.2006 and he had paid the advance amount of Rs. 1,75,000/ - through DD dated 31.12.2000 and has been paying enhanced rent w.e.f. 30.10.2006 i.e., 3,935/ - per month and additional advance of Rs. 4,00,000/ - was also paid to Sri. T.A. Ashok Kumar on 02.11.200; thus, in all the sum of Rs. 5,75,000/ - is due from the erstwhile owner Sri. T.A. Ashok Kumar; All other averments made in the plaint came to be denied.