FAHMIDA BEGUM Vs. MEHTAB

JUDGEMENT

(1.) The legal representatives of the original defendant/petitioners filed the present Miscellaneous First Appeal against the order dated 26.10.2016 made in on the file of the X Additional Judge, Court of Small Causes (SCCH-16), Bengaluru, dismissing the miscellaneous petition filed by the petitioners under Order IX Rule 13 r/w Section 151 of Code of Civil Procedure.

(2.) The respondent, who is the plaintiff in filed the small causes suit for ejectment against the original defendant directing him to deliver vacant possession of the suit schedule property and also grant mesne profits from the date of the suit till the defendant delivers vacant possession of the schedule property contending that she is the absolute owner of the suit schedule property which is being used for non-residential purpose consisting of ground floor, first and second floors situated at No.11, then 52/3 then 123, situated at 1st Main Road, formerly 1st Cross Road, Kalasipalyam, Bengaluru - 560 002. The defendant is the tenant under the plaintiff on a monthly rent of Rs.3,850/- commencing from the first day of every English calendar month. He further contended that defendant is a defaulter in payment of rents and not paid the rents from 01.12.2007 to 30.11.2008, inspite of repeated requests made by the plaintiff. Therefore, legal notice was issued. Defendant even after receipt of said legal notice, failed to vacate the suit schedule property.

(3.) The original defendant filed written statement and admitted that he was the tenant in respect of the suit schedule property on a monthly rent of Rs.3,850/-. He further contended that the plaintiff has executed a sale agreement dated 22.08.2007 in favour of the defendant for total sale consideration of Rs.52,00,000/- and plaintiff has received Rs.32,25,000/- as part consideration by way of cash and cheques on various dates. The defendant further contended that the plaintiff and others have colluded by creating fabricated documents with the intention of defeating his rights over the suit schedule property etc., and sought for dismissal of the suit.