10. The case of the plaintiff is that, originally, one Altaf Hussain, son of SJ Hussain, who is none but the husband of the plaintiff, was the owner of composite property bearing No.57, ward No.67, Koramangala Industrial Layout, Koramangala, Bangalore [hereinafter referred to as composite Property], having acquired the same under sale deed dated 24-06-1988 executed by BDA in his favour. Thereafter, he gifted the said composite property to his wife namely the plaintiff under gift deed dated 21-12-2005 and thereby plaintiff became the absolute owner of composite property and also got the katha in her name. Thereafter, defendant approached the Plaintiff for taking on rent portion of the composite property measuring about 350 square feet [which is the Suit Schedule Property herein] and accordingly plaintiff and defendant entered into document styled as mortgage deed dated 8-09-2006 under which the plaintiff received sum of Rs.7,25,000/= and in consideration of the same inducted the defendant into Suit Schedule Property for 10 years and it was agreed between the parties that the said amount of Rs.7,25,000 shall not carry interest and shall be refunded to the defendant by the plaintiff at the end of the lease period when defendant vacates the suit schedule property on 31-09-2016. Thereafter, disputes arose between the parties and ultimately plaintiff issued legal notice dated 10-06-2016 terminating the tenancy and calling upon the defendant to vacate and hand over vacant possession within
