The plaintiff has filed the suit against the defendants No.1 and 2
for recovery of Rs.7,80,000/- with interest at 18% p.a. from the date of
suit till its realization with costs.
2. The suit of the plaintiff is that:
The plaintiff was the lawful tenant under the defendant No.1 in
respect of residential premises No.8, 3rd Floor, 7th Main, Brindavana
Nilaya, Kamadenu Layout, B. Narayana Pura, Bengaluru for 9 years
by virtue of rental agreement dated 10.04.2011 initially at a monthly
rent of Rs.5,500/- and he has paid a sum of Rs.40,000/- towards
security deposit and later, rent was enhanced to Rs.11,000/- p.m. The
defendant No.1 was also residing in the same building in first floor.
During the year 2017, the defendant No.1 has introduced his friend the
defendant No.2 to the plaintiff at Murageshpalya and in view of
financial difficulties of defendant No.2, the defendant No.1 told the
plaintiff to lend loan as the defendant No.1 would be guarantor and
hence, the plaintiff agreed and paid him a sum of Rs.4 lakh when it
was convinced that the defendant No.2 managing a lodge in the name
of ‘Palke Lodge’ and further he is also going to purchase a building for
Rs.60 lakh to 70 lakh to start a Paying Guest room and also doing
various business and also said that the amount would be refunded
within 15 days. At that time, the defendant No.1 said that he had
already given Rs.5 to 6 lakh to the defendant No.2.