M. KISHORE Vs. B.S. SATHYAVATHI AND ORS.

JUDGEMENT

(1.) THIS revision petition is filed challenging the decree passed by the Court of Small Causes, Bengaluru, directing defendants - petitioners herein to vacate and handover vacant possession of the petition schedule premises to the plaintiffs -respondents herein and also to pay arrears of rent of Rs. 44,436/ - from 01.12.2013 to 30.06.2014 and damages at the rate of Rs. 6,348/ - from 30.06.2014 till the date of delivery of suit schedule property.

(2.) FOR the sake of convenience, parties are referred to by their ranks in the Trial Court.

(3.) DEFENDANTS resisted the claim. Defendant No. 2 filed written statement contending inter alia that he was not aware of the fact that plaintiffs were the co -owners of the schedule property. He denied payment of monthly rent and the valid termination of the lease. The arrears of rent as asserted by the plaintiffs was also denied. It was his case that one B.R. Narayanarao was the original owner of the property and he leased the property to his father P. Mangilal during the year 1999 and on the date of lease, his father had paid Rs. 6,00,000/ - with Narayanarao. Subsequently, on 22.05.1999, another sum of Rs. 4,00,000/ - was paid by the said Sri Mangilal to Sri Narayanarao which was also counter signed by the husband of the 1st plaintiff and the father of 2nd plaintiff by name Sri B.N. Shankara Rao. It was further contended that a sum of Rs. 2,40,000/ - was later paid to Narayanarao. Thus, in all, Rs. 12,40,000/ - was allegedly paid towards lease of the schedule premises to Narayanarao. Parties have adduced their evidence on the basis of their pleadings.