AERO CLUB Vs. SHOBHA CHANNABASAVAIAH

JUDGEMENT

(1.) Writ Petition No.49433/2017 is filed by the defendant against the order dated 25th October, 2017 on I.A.IX made in O.S.No.7258/2010 allowing the application filed by the plaintiff under Order VI Rule 17 r/w Section 151 of the Code of Civil Procedure , 1908 with costs of Rs.3,000/-.

(2.) The respondent, who is the plaintiff before the trial Court filed a suit for ejectment directing the defendant, its agent and servants or any person/s claiming under or through the defendant to vacate and hand over the vacant possession of the schedule property to her; to pay her a sum of Rs.83,36,796/- towards arrears of rent/damages, Service Taxes and Electricity Charges together with interest thereon at the Bank's lending rate of 12% per annum from the date of suit till the date of payment; and also future damages of Rs.8,42,700/- per month from the date of the suit till delivery of possession of the suit schedule property to her together with Service Tax thereon at 10.3% or such rate as may be specified in that regard by the concerned authorities from time to time and also to pay a sum of Rs.8,400/- per month towards proportionate minimum electricity charges from the date of the suit till the defendant vacates and hands over the vacant possession of the suit schedule property to her.

(3.) It is the case of the plaintiff that the defendant is the tenant under her in respect of South Eastern portion in the Ground floor and Mezzanine floor measuring total super built up area of 3,350 sq. ft. in the building bearing Municipal No.654 situated at 100 ft. road, Binnamangala I Stage, Indiranagar, Bangalore4 560 038 which is morefully described in the schedule to the plaint. Accordingly, the plaintiff executed a registered lease deed dated 28.1.2008 in favour of the defendant for a non-residential purpose of running its business of selling clothes, hosieries, sports garments, shoes, leather and products of woodland brand in the name and style of 'WOODLANDS'. consequently, the defendant occupied the schedule premises on 1.2.2008 on a monthly rent which commenced from the first day of each calendar month and expired on the last day of same month and the rent for the previous month was payable on or before the 5th of every succeeding month.