SRI K. PRAVEEN Vs. SRI B. S. NAGARAJ

JUDGEMENT

(1.) It is an unfortunate case where the petitioner/ defendant and his counsel are blaming the Court, for the lack of institutional responsibility on their part. After arguing the matter for some time, Sri S. Prakash Shetty, learned counsel for the petitioner prays to unconditionally withdraw the allegations made in para 6 of the writ petition. In the interest of justice, same is permitted.

(2.) The petitioner/defendant filed the present writ petition against the order dated 08.01.2018 made in O.S. No.111/2017 passed by the Prl. Senior Civil Judge and CJM, Ramanagara, rejecting the applications filed by the defendant under Section 151 of Code of Civil Procedure with cost of Rs.500/-.

(3.) The present respondent who is the plaintiff before the Trial Court filed suit in O.S.No.111/2017 on the file of the Prl. Senior Civil Judge and CJM, Ramanagara, for ejectment directing the defendant to quit and deliver vacant possession of the suit schedule premises, and for payment of damages of Rs.2,50,000/- per month to the plaintiff, along with interest at the rate of 24% per annum from 24.01.2016 till realization, for the defendant's unauthorized use and occupation of the schedule premises and to pay a sum of Rs.3,00,000/- towards the damage caused to the schedule premises, contending that, the plaintiff is the owner of the suit schedule property. The defendant's brother by name K. Raghavendra, approached the plaintiff's power of attorney holder and obtained the suit schedule property for lease under registered lease deed dated 25.02.2010 for a period of five years to run a provision store in the name and style 'Sri Kanchi Traders' by paying advance amount of Rs.8,00,000/- and under clause (4) of the deed, agreed to pay rent at the rate of Rs.40,000/- per month with enhancement at 5% every year. Since the defendant was in due towards arrears of rent, plaintiff filed the suit for the relief sought for.