JAYARAM Vs. PADMA AND ORS.

JUDGEMENT

(1.) THIS is a tenant's regular second appeal filed against the judgment and decree dated 31.1.2015 in R.A. No. 101/2012 passed by the Prl. Senior Civil Judge, Hassan, confirming the judgment and decree dated 24.8.2012 in O.S. No. 493/2010 on the file of the III Addl. Civil Judge, Hassan.

(2.) THE respondents/plaintiffs have filed original suit in O.S. No. 493/2010 against the appellant for eviction contending that they are the owners of the suit schedule property bearing municipal khata No. 579, AR 579, RCC roofing consists of three shops out of which one shop measuring East -west 12 feet, south -North 13 feet more fully described in the schedule to the plaint was leased to the defendant, who was the tenant under the plaintiffs agreeing to pay rent at the rate of Rs. 550/ - p.m., but the defendant has failed to pay rents since 1.3.2004 to 29.2.2008 amounting to Rs. 25,850/ -. The appellant/defendant has paid advance of Rs. 40,000/ -. The plaintiffs have deducted and adjusted the arrears of rent of Rs. 25,850/ - from the advance amount of Rs. 40,000/ -. The plaintiffs further contended that the plaintiffs have called upon the defendant to pay the rent and vacate the same and hand over the vacant possession of the suit property and in spite of the same, the defendant has not vacated, therefore, the plaintiffs have issued legal notice on 7.3.2008, but the defendant has intentionally avoided to receive the said notice and the said notice was returned as 'not claimed'. Therefore, he has filed the suit.

(3.) ON consideration of the pleadings, the trial court framed the following issues: