HINDUJA FASHIONS Vs. GEEKAY KUSAM MASALA

JUDGEMENT

(1.) This is the defendant's appeal. The present respondent, as a plaintiff, had instituted a suit against the present appellant arraigning it as defendant in O.S.No.9081/2013, in the Court of learned VII Addl.City Civil and Sessions Judge, Bengaluru (CCH-19), (hereinafter for brevity referred to as Rs. trial Court'), for recovery of money of a sum of Rs. 6,29,249/- with interest thereupon at the rate of 24% p.a.

(2.) The summary of the case of the plaintiff in the trial Court was that the defendant was a tenant under the plaintiff with respect to the premises bearing No.76, Industrial Suburb, Yeshwantpur, Bengaluru (suit property), on a monthly rent of Rs. 2,66,634/-, inclusive of Tax Deducted at Source (TDS). Subsequently, the defendant vacated the suit premises after the period of lease and handed over the vacant possession of the same to the plaintiff. At that point of time, the defendant had also taken back the refundable deposit of Rs. 25 lakhs vide the letter of the defendant dated 23.2.2013. At the time of vacating, the defendant was in arrears of rent of a sum of Rs. 5,33,264/- for the months of January and February 2013, which was after deducting the TDS amount. However, at the request of the defendant that the said arrears need not be deducted from the refundable amount of Rs. 25 lakhs, the plaintiff acceding to its request, refunded the entire amount of Rs. 25 lakhs since the defendant has also represented to the plaintiff that the two months arrears of rent would be paid separately by them. It is the case of the plaintiff that the defendant failed to pay the arrears of rent of Rs. 5,33,264/-, in which regard, a notice was sent to the defendant. The demand made therein was also not met by the defendant, which constrained it to institute the suit. As such, the plaintiff claimed a sum of Rs. 5,33,264/- towards the arrears of rent and a sum of Rs. 95,985/- as interest at the rate of 24% from February 2013 to November 2013, for nine months, thus in total a sum of Rs. 6,29,249/- and interest thereupon.

(3.) The defendant in response to the notice served upon it, appeared through its counsel and filed its written statement, wherein, it did not dispute that it was a tenant in the suit premises under the plaintiff with the monthly rent of Rs. 2,66,634/- and that it had also paid a sum of Rs. 25 lakhs as refundable amount to the plaintiff. However, it denied that it was in arrears of rent, much less, Rs. 5,33,264/- after deducting TDS as on the date of it vacating the suit premises and that it is liable to pay the said amount together with interest thereupon to the plaintiff. On the contrary, it took a contention that there was no due and the matter was fully and finally settled between the parties.