MANJULA SURESH MEHTA Vs. SOMAVAMSHA SAHASRAJUNA

JUDGEMENT

(1.) This revision petition is filed under Section 18 of the Karnataka Small Causes Courts Act challenging the judgment and decree dated 19.03.2015 passed in S.C.No. 885/2014 directing the petitioner-defendant to deliver vacant possession of the suit schedule premises to the plaintiff-respondent herein within one month from the date of the judgment. The defendant has been directed to pay mesne profits to the plaintiff at the rate of Rs.2,250/- per month from the date of suit till the premises was vacated and delivered to the plaintiff.

(2.) For the sake of convenience, parties are referred by their rank in the Trial Court. Facts, briefly stated are that plaintiff instituted the suit for ejectment and for mesne profits contending inter alia that defendant was the tenant of the shop premises bearing No.6 situated in a portion of ground floor at K.V.Temple Street, Bengaluru, measuring East to West 14 ft and North to South, 9 feet on a rental of Rs.2,250/- per month. A lease deed in this regard was entered into between the parties on 20.02.2006.

(3.) The plaintiff contended that the suit was instituted by the President of the Society contending inter alia that the Society was a pious institute which was established by the elderly members of Somavamsha Kshatriya, a backward community, for the purpose of imparting education to the needy, poor and to uplift the downtrodden. He also contended that though the defendant was requested to vacate the premises for the bona fide use and occupation of the plaintiff and although she had agreed to vacate the same as and when alternative premises was secured by her, she did not honour her promise and went on postponing. This compelled the plaintiff to institute the instant suit. A legal notice was issued in this regard on 01.07.2010. It was duly acknowledged and thereafter the suit was filed.