RAKESH KUMAR AND OTHER Vs. M/S. PETALS

JUDGEMENT

(1.) As per the report dated 16.07.2018, as received from the Bengaluru Mediation Centre, the parties herein have arrived at an amicable settlement; and today, the parties and their respective counsel have further filed a Joint Memo so as to adjust the matter in entirety.

(2.) Put in brief, the relevant background aspects of the matter had been that the plaintiffs-appellants filed the Original Suit (O.S. No.9583 of 2015) for eviction and recovery of arrears of rent against the defendant-respondent who had been inducted as a tenant in the suit schedule property under a lease agreement dated 01.02.2011. The plaintiffs-appellants alleged that the defendant-tenant had defaulted in payment of rent and was in huge arrears to the tune of Rs. 46,00,000/- at the time of filing of the suit. The defendant-tenant filed his written statement seeking to contest the claims made by the plaintiffs-appellants. On the pleadings of the parties, the Trial Court framed the following issues for determination of the questions involved in the suit:

(3.) In oral evidence, the power of attorney holder of the plaintiffs was examined as PW-1 whereas the authorized signatory of the defendant was examined as DW-1. The parties produced documentary evidence too, but the agreement of lease dated 01.02.2011. The Trial Court, essentially on the consideration that the witness produced on behalf of the plaintiffs was competent to give evidence in respect of termination of tenancy and arrears of rent, held that the plaintiffs had failed to prove that the tenancy was duly terminated and the defendant was in arrears of rent to the tune of Rs. 46,00,000/-. In this view of the matter, the Trial Court dismissed the suit with no order as to costs by way of the judgment and decree dated 30.11.2017. Aggrieved, the plaintiffs-appellants have preferred this appeal.