KHALEEL Vs. R. NIGAR SULTANA

JUDGEMENT

(1.) THIS revision petition is filed under Section 18 of the Karnataka Small Cause Courts Act, 1964, challenging the judgment and decree passed by the Court of Small Causes, Bengaluru, thereby directing the revision petitioner - tenant to vacate and deliver vacant possession of the suit schedule premises to the plaintiff and to pay arrears of rent of Rs. 88,000/ - to the plaintiff, within 60 days from the date of the order.

(2.) JURAL relationship of landlord and tenant between the plaintiff and defendant is not in dispute. Parties are at variance with regard to the rate of rent payable. As per the plaintiff, the rate of rent payable was Rs. 8,000/ - per month, whereas the assertion of the defendant is that the rent payable was only Rs. 800/ - per month. Plaintiff has contended that on 08.06.2008, there was an agreement entered into between the plaintiff and the defendant, as per which the defendant occupied the premises as a tenant by paying advance amount of Rs. 80,000/ - agreeing to pay monthly rent of Rs. 8,000/ -. The premises as described in the petition schedule is a Flat bearing No. 402, 4th Floor, No. 63, Khazi Street, Basavanagudi, Bengaluru, consisting of two bedrooms, a hall, bathroom, etc., along with parking facility and other amenities.

(3.) IN support of her case, plaintiff examined herself as PW -1 and reiterated the plaint averments. She has produced and relied upon Exs. P -1 to P -8. Among the documents produced, Ex. P -5 is the complaint given by the defendant to the Sub -Inspector of Basavanagudi Police Station on 12.05.2009. In the said complaint, defendant has while alleging and attributing certain offences against the plaintiff, has stated that monthly rent payable in respect of the premises was Rs. 8,000/ -. Plaintiff has also produced Ex. P -8 - rent receipt book and Exs. P -8(a) to 8(j) - carbon copies of the rent receipts given to the defendant.