M. Nagaraj and M. Nagaraj,Police Constable vs Smt. Rajamma and Boregowda

Huluvadi G. Ramesh, J.—This petition is filed by the tenant challenging the order of eviction passed by the learned Small Causes Judge,. Bangalore, in S.C. No. 1519/2012, dated 7.9.2013. Petitioner is said to be a tenant in the suit premises bearing No. 450 A, 1st Floor, 13th Main Road, Srinivasanagara, Banashankari III Stage, Bangalore, on monthly rent of Rs. 4,600/-. There was an agreement to the said effect on 12.08.2009. The respondent-landlord claiming that petitioner was a chronic defaulter in the matter of payment of rent and has not paid the rent from March 2012 to July 2012, issued a legal notice terminating the tenancy. After expiry of 15 days from the date of service of notice, petition came to be filed. The matter was contested by the petitioner-tenant. The trial Court raised as many as five points for consideration i.e., with regard to jural relationship, valid termination of the tenancy, entitlement of plaintiff for arrears of rent of Rs. 23,000/- and as to whether the plaintiff is entitled for damages/mesne profits. The trial Court answered the points in the affirmative. Being aggrieved by the same, petitioner-tenant is before this Court.

Heard the learned counsel representing the parties. The learned counsel for the petitioner has submitted that he has paid the rent at the rate of Rs. 4,850/-. In that view of the matter, it is for the petitioner to deposit the arrears of rent within four weeks from today, if not already deposited and he shall go on paying the rent at the rate of Rs. 6,000/- per month from 1st of November 2013 till 30th June 2014, subject to filing an undertaking within four weeks from today that he shall vacate and deliver vacant possession of the premises on 30th June 2014 and shall pay rent at the rate of Rs. 6,000/- per month.

With the above observations, Petition is disposed of.