P. REENA Vs. USHA M.

JUDGEMENT

(1.) This is a defendant's appeal against the judgment and decree passed by the XII Additional City Civil Judge, Bangalore allowing I.A. No. II filed under Order 12, Rule 6 r/w. Sec. 151 of CPC and decreeing the suit of the plaintiff as prayed for.

(2.) For the purpose of convenience, the parties are referred to as they are referred to in the original suit.

(3.) Plaintiff Smt. Usha M. filed O.S. No. 1084/2013 on the file of the XII Additional City Civil Judge, Bangalore. Her case is that she is the absolute owner of the property bearing No. 471/D, Sanageetha Mansion, 15th Cross, Ideal Homes Township, 1st Stage, Rajarajeshwarinagar, Bangalore -560 098. She got constructed a multistoried residential building consisting of eight apartments on the said site. She has retained five apartments and sold three apartments. Defendant is a good friend of plaintiff. Considering the close relationship, she let out five apartments to the defendant for a total monthly rent of Rs. 75,000/ - for five apartments at the rate of Rs. 15,000/ - per month and the tenancy commenced from 1st day of June, 2009. Since they were close friends, no security deposit was taken nor was a written lease deed executed, the entire transaction was oral. The defendant failed to pay the monthly rents till August, 2012. After several repeated reminders and several representations, the defendant deposited a sum of Rs. 18,00,000/ - into the plaintiffs bank account without the knowledge of the plaintiff. Subsequently, the defendant got issued a very strange notice through her Lawyer making all sorts of vague and false claims, mentioning that she had deposited the said amount of Rs. 18,00,000/ - into the plaintiffs account. Plaintiff sent a reply notice to the legal notice sent by the defendant.