B S RAO Vs. K V S PRASAD

JUDGEMENT

(1.) Second Appeal is filed against the judgment and decree dated 07.10.2014 made in A.S.No.285 of 2013 on the file of the V Additional City Civil Court, Chennai, confirming the judgment and decree dated 19.06.2013 made in O.S.No.1864 of 2012 on the file of the XI Assistant City Civil Court, Chennai.

(2.) The appellant is the plaintiff and respondent is the defendant in O.S.No.1864 of 2012 on the file of the XI Assistant City Civil Court, Chennai. The appellant filed the said suit for recovery of a sum of Rs.3,30,750/- together with interest @ 12% per annum from the respondent. According to the appellant, the respondent offered to take non-residential premises of the appellant bearing Door No.B5, Noah's Towers, First Floor, 2nd Avenue, Anna Nagar East, Chennai, measuring 1225 sq.ft. for his clinic on 20.04.2009 on a monthly rent of Rs.36,750/- and advance payable is Rs.3,70,000/-. Respondent issued cheque dated 20.04.2009 for a sum of Rs.3,70,000/- drawn on Indian Overseas Bank, Chennai 112 and the tenancy commenced on the same day. The cheque issued by the respondent was dishonoured on presentation and returned to the appellant on 22.04.2009 with an endorsement as 'insufficient funds'. The respondent requested the appellant to present the cheque after he made the funds ready. Since the appellant did not hear anything from the respondent, he presented the cheque for second time and the same was dishonoured on 15.06.2009 with the same endorsement. The respondent without paying any rent abandoned the petition premises during last week of January 2010. As the respondent unlawfully left the premises by removing all his articles leaving the doors open, the appellant has taken possession of the suit property in order to avoid anyone trespassing into the property. The respondent sent notice dated 12.04.2010 through his counsel to the appellant with false statement and the appellant sent reply dated 20.04.2010 through his counsel demanding a sum of Rs.3,30,750/- being the rental arrears for nine months. To intimidate the appellant, the respondent gave a false complaint before the Inspector of Police, K-4, Anna Nagar Police Station, Chennai. After enquiry, the complaint was closed. Even then, the respondent demanded compensation from the appellant by threatening him that he would give complaint to the police against the appellant and his advocate before the Bar Council. The intention of the respondent is to make unlawful gain by not paying the sum of Rs.3,30,750/- towards arrears of rent. In the said circumstances, the appellant has filed the said suit for the relief stated above.

(3.) The respondent filed written statement and denied all the averments made in the plaint. According to the respondent, the monthly rent for the petition premises was fixed at Rs.63,000/- and advance amount of Rs.6,30,000/- was paid to the appellant immediately by cheque. The appellant returned the cheque and requested the respondent to pay the said sum by cash. The respondent paid Rs.2,60,000/- by cash immediately and issued cheque for a sum of Rs.3,70,000/- for the remaining amount. The appellant did not wait for the respondent to arrange funds and presented the cheque, which was dishonoured. Subsequently, the respondent paid a sum of Rs.3,70,000/- by cash. Due to trust, the respondent did not take away the cheque given for Rs.3,70,000/- from the appellant. The respondent paid Rs.63,000/- every month by cash. In the month of February 2010, the appellant along with one Peter had stolen the goods worth Rs.20,00,000/- belonging to the respondent after taking key from the respondent on the pretext that he wanted to show the premises to a buyer. The respondent was driven pillar to post to take legal action against the appellant, which he was evading by influencing the police. The police registered the case only after this Court passed orders dated 23.08.2010 and 27.02.2012. Even after registering the case, the police did not proceed to investigate the case and file report. This Court by order dated 27.02.2012 directed the police to investigate the matter and file final report. The police did not arrest the appellant, who was accused No.1 in the F.I.R. In view of the legal action taken by the respondent, the appellant filed suit after a gap of 3 years. The appellant did not return the advance amount of Rs.6,30,000/- given by the respondent. The respondent is unable to take legal action as he was not having any document to substantiate his case.