Bangalore District Court
Chandana vs Bestha Suresh on 15 March, 2025
1 O.S.No.2338/2021
KABC010084692021
Presented on : 03-04-2021
Registered on : 03-04-2021
Decided on : 15-03-2025
Duration : 03 years, 11 months, 12 days
TITLE SHEET FOR JUDGMENTS IN SUITS
IN THE COURT OF LXXV ADDL. CITY CIVIL AND
SESSIONS JUDGE, (CCH.76) AT: BENGALURU
PRESENT: Sri. SHIVANAND MARUTI JIPARE,
B.A., LL.B. (Spl.)
LXXV Addl. City Civil and Sessions
Judge, Bengaluru
Dated this the 15th day of March, 2025
ORIGINAL SUIT No.2338/2021
PLAINTIFFS: 1. Kum. Chandana,
D/o. Sri.Lokesh Gowda,
Aged about 20 years,
Residing at No.8,
03rd Main Road, Vyalikaval,
Bengaluru - 560 003.
2. Master Tejas Gowda,
S/o. Sri.Lokesh Gowda,
2 O.S.No.2338/2021
Aged about 16 years,
Residing at No.8,
03rd Main Road, Vyalikaval,
Bengaluru - 560 003.
Plaintiff No.2 is minor
Represented by his mother
and natural guardian
Smt. B.Rukmini.
(By Sri.G. Papi Reddy., Advocate.)
:VERSUS:
DEFENDANT: 1. Sri.Bestha Suresh,
S/o.Sri. Adhinarayanappa,
Aged about 38 years,
Hanuman Traders,
Shop No.8,
No.24/1, 80 ft., Road,
06th Main, H.M.T Layout,
V.V. Nagara, R.T. Nagar Post,
Bengaluru - 560 032.
AND
R/at. New No.9/1,
05th Main, 07th Cross,
Papamma Block,
Ganganagar,
Bengaluru - 560 032.
And also
R/at. No.1-31,
Muddapalli Kodur,
Anathapura - 515 601.
(Defendant - Exparte.)
3 O.S.No.2338/2021
Date of Institution of the suit 03.04.2021
Nature of the suit Suit for Ejectment
Date of commencement of
26.11.2024
recording of evidence
Date on which the Judgment
15.03.2025
was pronounced
Total Duration Years Months Days
03 11 12
Digitally signed by
SHIVANAND SHIVANAND MARUTI JIPARE
MARUTI JIPARE Date: 2025.03.15 15:45:09
+0530
(SHIVANAND MARUTI JIPARE)
LXXV ADDL. CITY CIVIL AND SESSIONS JUDGE,
BENGALURU.
************
JUDGMENT
The plaintiffs have filed this suit against the defendant
seeking the relief of ejectment and recovery of rent
amount of Rs.2,86,229/- from June 2019 to October 2020
@ Rs.16837/- per month, and to pay damages at the rate
4 O.S.No.2338/2021
of Rs.16837/- till termination of actual possession of the
suit schedule premises.
2. The brief facts averred in the plaint are as
follows:
That the plaintiffs are the absolute owner of the suit
schedule property i.e. commercial unit bearing No.8,
ground floor of the building bearing No.24/1, P.I.D No.98-
45-24/1, ward No.98 formed by the HMT Employees
Cooperative Society Limited, 80 feet Road, HMT Layout,
V.V. Nagar, Bengaluru-560 032, measuring East to West:
10 feet and North to South: 15 feet. The defendant is the
tenant under the plaintiffs on a monthly rent of
Rs.16,837/-. The tenancy is from month to month and
commences on first of every English Calendar month. The
defendant has become defaulter in payment of agreed
rent due from the month of June, 2019 to till 30.11.2020.
The total arrears of rent by the defendant is of
Rs.2,86,229/-. Inspite of several demands made by the
plaintiffs, the defendant has failed to pay the rent, hence
the plaintiffs will not interested to continue the lease and
5 O.S.No.2338/2021
they have decided to terminate the tenancy of the
defendant in respect of the suit schedule premises. The
plaintiffs have got issued legal Notice dated: 10.11.2020
for terminating the tenancy of the defendant in respect of
the suit schedule premises and called upon him to quit,
vacate and deliver vacant possession of the suit schedule
premises to the plaintiffs within 15 days from the date of
the receipt of the notice. But the legal notice sent by the
plaintiffs were returned with a shara “No such addressee
and Insufficient address Not Known” in spite of forwarded
to correct address. In these circumstances, the plaintiffs
have no other alternative filed the present suit. Further
the cause of action for this suit is arisen on 10.11.2020
and on other subsequent dates. Hence, this suit.
3. In pursuance of the suit summons, the defendant
is remained absent and hence, he is placed exparte.
4. In support of the case, the guardian of the plaintiff
No.2 is examined as P.W.1 and got marked the 11
documents at Ex.P.1 to Ex.P.11(a) and closed their side
evidence.
6 O.S.No.2338/2021
5. Heard the arguments and perused the materials
on record.
6. On the basis of above pleadings, following
Points arise for my consideration:
POINTS
1. Whether the plaintiffs prove that the defendant is
liable pay arrears of rent of Rs.2,86,229/- from
June, 2019 to October, 2020 at rate of Rs.16,837
as contended in the plaint?
2. Whether the plaintiffs are entitled for relief of
vacant possession as sought?
3. Whether the plaintiffs are entitled for reliefs as
sought?
4. What order or decree?
7. My findings on the above Points are as under:
Point No.1 : In the Affirmative
Point No.2 : In the Affirmative
Point No.3 : Partly in the Affirmative
Point No.4 : As per the final order
for the following:
7 O.S.No.2338/2021
REASONS
8. POINT NO.1 TO 3: These Points are interrelated
to each other and involve common appreciation of facts
and evidence. Hence, to avoid repetition of facts, I have
taken both Points together for common consideration.
9. The plaintiffs have asserted that they are the
absolute owner of the suit schedule premises. The
defendant is the tenant under the plaintiffs on a monthly
rent of Rs.16,837/-. The defendant has become defaulter
in payment of agreed rent due from the month of June,
2019 to till 30.11.2020. The total arrears of rent by the
defendant is of Rs.2,86,229/-. Inspite of several demands
made by the plaintiffs, the defendant has failed to pay
the rent.
10. The defendant has been placed exparte in this
case.
11. In order to substantiate the contention, the
guardian of the plaintiff No.2 has filed an affidavit as
8 O.S.No.2338/2021
examination-in-chief and she is examined as P.W.1. The
P.W.1 has reiterated the contents of plaint.
12. The plaintiffs have relied on documentary
evidence at Ex.P.1 to Ex.P.11(a).
13. The plaintiffs have relied on Ex.P.1 – Legal
Notice dated: 10.11.2020, Ex.P.2 – 03 postal receipts,
Ex.P.3 – Khatha extract issued by B.B.M.P on 24.09.2013,
Ex.P.4 – Khatha certificate issued by B.B.M.P on
24.09.2013, Ex.P.5 – Property tax paid receipt of the year
2024-25, Ex.P.6 – Khatha extract issued by B.B.M.P on
24.09.2013, Ex.P.7 – Khatha certificate issued by B.B.M.P
on 24.09.2013, Ex.P.8 – Property tax paid receipt of the
year 2024-25, Ex.P.9 – Returned postal RPAD envelope,
Ex.P.9(a) -Notice, Ex.P.10 – Returned postal RPAD
envelope, Ex.P.10(a) – Notice and Ex.P.11 – Returned
postal RPAD envelope and Ex.P.11(a) – Notice.
14. On perusal of Ex.P.1 which shows that, the
plaintiffs have issued the legal Notice to the defendant on
9 O.S.No.2338/2021
10.11.2020. On perusal of Ex.P.3 and Ex.P.4 which show
that suit schedule premises is standing in the name of
plaintiff No.1 and natural guardian Smt.B.Rukmini. On
perusal of Ex.P.6 and Ex.P.7 which show that suit schedule
promises is standing in the name of plaintiff No.2 and
natural guardian Smt. B.Rukmini.
15. In instant case, the defendant is placed exparte.
Hence, the evidence of P.W.1 is remained unchallenged.
16. By considering entire evidence of P.W.1 and
documents exhibited, on close scrutiny of pleadings, the
plaintiffs have prove that the defendant is liable pay
arrears of rent of Rs.2,86,229/- from June, 2019 to
October, 2020 at the rate of Rs.16,837/- per month. The
plaintiffs have proved that they are entitled for relief of
vacant possession of the suit schedule premises. Hence,
the plaintiffs are entitled for relief of vacant possession of
the suit schedule premises. Hence, I answer Point No.1
and 2 in the Affirmative and Point No.3 partly in
the Affirmative.
10 O.S.No.2338/2021
17. POINT NO.4: In the result, I proceed to pass
the following:
ORDER
The suit of the plaintiff is hereby
partly decreed with costs.
The defendant is hereby directed to
vacate and deliver the vacant
possession of suit schedule premises to
the plaintiffs within two months from
the date of this order failing which the
plaintiffs is entitled to recover the same
with due process of law.
The defendant shall pay
the arrears of rent of Rs.2,86,229/-.
Draw a decree accordingly.
(Dictated to the Stenographer Grade-III directly on computer online,
typed by her corrected by me and then pronounced in the open
court on this the 15th day of March, 2025)
Digitally signed by
SHIVANAND SHIVANAND MARUTI
MARUTI JIPARE
Date: 2025.03.15
JIPARE 15:45:20 +0530
(SHIVANAND MARUTI JIPARE)
LXXV ADDL. CITY CIVIL AND SESSIONS JUDGE,
BENGALURU.
1 O.S.No.2338/2021
ANNEXURE
LIST OF WITNESSES EXAMINED FOR PLAINTIFFS:
P.W.1 : Smt.Rukmini,
W/o. Sri.Lokesh Gowda.
LIST OF DOCUMENTS MARKED FOR PLAINTIFFS:
Ex.P.1 : Legal Notice.
Ex.P.2 : 03 postal receipts.
Ex.P.3 : Khatha extract issued by B.B.M.P on
24.09.2013.
Ex.P.4 : Khatha certificate issued by B.B.M.P on
24.09.2013.
Ex.P.5 : Property tax paid receipt of the year
2024-25.
Ex.P.6 : Khatha extract issued by B.B.M.P on
24.09.2013.
Ex.P.7 : Khatha certificate issued by B.B.M.P on
24.09.2013.
Ex.P.8 : Property tax paid receipt of the year
2024-25.
2 O.S.No.2338/2021
Ex.P.9 : Returned postal RPAD envelope.
Ex.P.9(a) : Notice.
Ex.P.10 : Returned postal RPAD envelope.
Ex.P.10(a) : Notice.
Ex.P.11 : Returned postal RPAD envelope.
Ex.P.11(a) : Notice.
LIST OF WITNESSES EXAMINED FOR DEFENDANT:
– NIL –
LIST OF DOCUMENTS MARKED FOR DEFENDANT:
– NIL –
Digitally signed by
SHIVANAND SHIVANAND MARUTI
MARUTI JIPARE
Date: 2025.03.15
JIPARE 15:45:28 +0530
(SHIVANAND MARUTI JIPARE)
LXXV ADDL. CITY CIVIL AND SESSIONS JUDGE,
BENGALURU.
