CHANNESA H L Vs. H S KRISHNAMURTHY

JUDGEMENT

(1.) W.P. No. 52105/2018 filed by the plaintiff against the order dated 09.10.2018 rejecting his application/I.A. No.II/2018 filed under Section 151 of the Code of Civil Procedure to release the money deposited by defendant No.1 in O.S. No.26105/2015 on the file of XXVIII ACC & SJ., Bengaluru. W.P. No.54066/2016 filed by defendant No.1 against the order dated 24.09.2016 allowing the application filed by the plaintiff and directing defendant No.1 to deposit the agreed rent in respect of suit schedule premises.

(2.) The petitioner filed suit for ejectment contending that he is the owner of the suit property based on the registered sale deed dated 04.07.2013 from his mother defendant No.2/respondent No.2 and respondent No.1 is a tenant under his mother/defendant No.2. After he purchased the property, he entered into rental agreement with respondent No.1 on 12.10.2013. During the pendency of the proceedings, the plaintiff filed I.A. under Section 151 of the Code of Civil Procedure to direct defendant No.1/tenant (respondent No.1 herein) to deposit the rent before the trial Court from October 2014 at Rs.47,500/- p.m. in respect of suit schedule premises. The trial Court after considering the application and objections, by impugned order dated 24.09.2016 allowed the application. Hence, tenant/defendant No.1 filed W.P. No.54066/2016 before this Court.

(3.) The plaintiff filed one more application I.A. No.II/2018 under Section 151 of the Code of Civil Procedure to release the money deposited by defendant No.1 towards the rent. On the objections filed by tenant/defendant No.1, the trial Court dismissed the application. Hence, W.P. No.52105/2018 is filed by the plaintiff.