Mr K v Ambarish Vs Mr P Rajendran

MR. P. RAJENDRAN S/O KUNHAPPA NAIR AGED ABOUT 52 YEARS PROPRIETOR OF M/S. TATI VENTURES, SPARTHA, 1006, PRESTIGE ACROPOLIS, KORAMANGALA, BANGALORE-20.

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…RESPONDENT

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(V/O/D 12.09.24 NOTICE TO RESPONDENT H/S - P. RAJENDRAN)

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THIS RFA IS FILED UNDER SECTION 96 OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED 07.03.2020 PASSED IN OS.NO.6225/2017 ON THE FILE OF THE IX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE, PARTLY DECREEING THE SUIT FOR EJECTMENT.

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THIS RFA, COMING ON FOR ORDER, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

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NC: 2025:KHC:35337 RFA No. 43 of 2023

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HC-KAR

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ORAL JUDGMENT

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The present appeal is directed against the judgment and decree dated 07.03.2020 on the file of the IX Additional City Civil and Sessions Judge, Bengaluru (‘the trial Court’ for short). By the impugned judgment and decree, the trial Court decreed the suit in part with costs, directed defendants to vacate suit property within three months from the date of order. The plaintiff was held entitled to damages of Rs.25,000/- per month from the date of suit till the delivery of possession. Other monetary claims, arrears, interest on deposit damages at Rs.1,40,000/- per month was rejected. Aggrieved by the non-granting of monetary claims and awarding of only damages of Rs.25,000/- per month, the plaintiff is before this Court.

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Heard the learned counsel appearing for the

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appellant. Though the respondent has been served, he has chosen to remain absent.

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HC-KAR

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Plaint Averments:

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Plaintiff is the landlord of the suit schedule premises. The defendant entered into a rental agreement, whereby tenancy commenced from 05.11.2014 for a period of 3 years on a monthly rent of Rs.70,000/-, apart

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from maintenance charges and a refundable security deposit of Rs.8,50,000/-. The defendant, however, paid only Rs.4,25,000/- towards deposit and failed to pay the balance, thereby committing breach of the agreement. For the rental period of 32 months from 05.11.2014 to 05.07.2017, the total rental payable was Rs.28,45,152/and maintenance of Rs.2,08,464/- together amounting to Rs.30,53,616/-. Against this, the defendant paid Rs.23,63,271/as rent upto 02.06.2017, and Rs.4,25,000/- as advance deposit. Thus, the total amount received was Rs.27,88,271/-, leaving balance of Rs.2,65,345/- due and payable as on 03.07.2017.

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It is averred that despite issuance of legal

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notice dated 03.07.2017, the defendant failed to clear the

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HC-KAR

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arrears or vacate the premises and that the plaintiff is entitled to recover the arrears of Rs.2,65,345/- with interest at 18% per annum, interest on the non-deposit of the balance of Rs.4,25,000/and damages for unauthorized occupation of the premises from the date of suit till delivery of possession.

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Though the respondent entered appearance and

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was represented by counsel, he did not choose to file written statement.

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The trial Court, by the impugned order, decreed the suit in part. However, failed to award the full arrears of rent, interest and the damages were awarded at Rs.25,000/- per month.

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Learned counsel appearing for the appellant

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submits that the trial Court has erred in decreeing the suit only in part by awarding damages of Rs.25,000/- per month, whereas the admitted monthly rent was Rs.70,000/-, as clearly admitted by the respondent tenant

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HC-KAR

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in Ex.P.12, the plaint in O.S.No.4383/2017 instituted by the tenant himself. It is further submitted that Ex.P.9, the legal notice issued by the plaintiff specifically claimed arrears of rent and maintenance of Rs.2,65,347/-, but the trial Court has failed to award the same along with the interest.

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Learned counsel for the appellant places his reliance upon Ex.P.1, which establishes that the balance amount was not paid, and Ex.P.2 which evidences the rental invoices, thereby showing that defendant-tenant failed to deposit the agreed deposit amount of Rs.8,50,000/-, having paid only Rs.4,25,000/-. The balance of Rs.4,25,000/- remained unpaid, and on this non-deposit, the appellant is entitled to claim interest. It is pointed out that the possession of suit property is delivered only on 09.09.2020, the appellant is entitled to damages from the date of suit till the date of delivery of possession at the rate of admitted rent of Rs.70,000/- per month. It is contended that the arrears of Rs.2,65,347/-

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NC: 2025:KHC:35337 RFA No. 43 of 2023

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HC-KAR

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together with interest, as well as interest on the unpaid portion of deposit of Rs.4,25,000/- be awarded and damages be computed at Rs.70,000/- per month from the date of suit till delivery of possession.

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This Court has carefully considered the rival

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contentions urged and perused the material on record, the points that arise for consideration are:

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“1. Whether the trial Court was justified in decreeing the suit only in part by awarding damages at the rate of Rs.25,000/- per month, despite they admitted rent of Rs.70,000/- per month as per Ex.P.12?

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2. Whether the trial Court erred in not awarding arrears of rent and maintenance of Rs.2,65,347/- and interest at the rate of 18 % per annum till realization and interest on the refundable deposit of the balance security amount of Rs.4,25,000/- out of the total agreed deposit of Rs.8,50,000/-, the defendant having paid only Rs.4,25,000?”

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All the points are taken up together to avoid

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repetition of facts.

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HC-KAR

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As per the rental agreement dated 02.11.2014, the tenancy period was calculated for 32 months commencing from 05.11.2014 to 05.07.2017, the total rental payable for this period amounts to Rs.28,45,152/- and the maintenance charges for the same period amounts to Rs.2,08,464/-, thereby making a total liability of Rs.30,53,616/-. Out of the said amount, the defendant had paid a sum of Rs.23,63,271/- towards rent on 02.06.2017 and advance of Rs.4,25,000 was received by the plaintiff. Thus in all the total receipts including advance were Rs.27,88,271/-. The balance due as on 03.07.2017 comes to Rs.2,65,345. These arrears of rent and maintenance, claimed in the suit, is supported by the calculations and remains undisputed. The trial Court however failed to award the said sum. Further, under their rental agreement, the defendant had agreed to pay a refundable security deposit of Rs.8,50,000/-. Out of this, only Rs.4,25,000/- was deposited, leaving a balance of Rs.4,25,000/- unpaid. The plaintiff, having been deprived

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HC-KAR

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of the benefit of the sum, he is entitled to claim interest on the non-deposit of the said amount. The trial Court has failed to consider this aspect. As regards to the damages, the trial Court awarded Rs.25,000/- per month from the date of suit till the delivery of possession. What can be borne from Ex.P.12, the suit filed by the defendant himself in O.S.No.4383/2017, the admitted monthly tenancy rent is Rs.70,000/-. The relevant portion of the plaint is extracted below for ready reference:

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“3. The Plaintiff submits that the plaintiff firm is a proprietorship firm running its online e-commerce business (tatibazzar.com), had entered into a Rental Agreement dated:02-10-2014 with the defendant for the 1^st floor commercial office premises bearing No.5, Situated at Bhuvanappa Layout, Opp. Forum Mall, Dairy Circle Road, Koramangala, Bangalore-560 029. The said property is more particularly mentioned and described in the Schedule hereunder written and hereinafter called the “ SCHEDULE PROPERTY ”. The copy of the rental agreement dated: 02-10-2014 of the Plaintiff are produced herewith as DOCUMENT NO.1, since the original rental agreement is with the

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NC: 2025:KHC:35337 RFA No. 43 of 2023

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HC-KAR

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defendant herein, who had collected it from me on the pretext of renewal.”

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Thus, the rate of damages that has to be fixed in conscience with the admitted rent amount is Rs.70,000/-. Considering the facts and circumstances and balancing equity, this Court holds that damages at the rate of Rs.70,000/- per month from the date of suit till the date of possession i.e., 09.09.2020 would be just and proper and accordingly the points framed for consideration are answered and this Court pass the following:

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ORDER

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i. The Regular First Appeal is allowed in part . ii. The judgment and decree dated 07.03.2020 passed in O.S.No.6225/2017 on the file of IX Additional City Civil and Sessions Judge,

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Bengaluru is hereby modified .

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iii. The plaintiff is entitled for arrears of rent and maintenance of Rs.2,65,345/- with the interest

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NC: 2025:KHC:35337 RFA No. 43 of 2023

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HC-KAR

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at the rate of 12% per annum from the date of suit till the date of realization.

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iv. Interest at the rate of 12% on the non-deposit amount of Rs.4,25,000/- is awarded from the date of agreement till realization.

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v. The plaintiff is entitled for rent and damages at the rate of Rs.70,000/- per month from the date of suit till the date of delivery of possession i.e. 09.09.2020.

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vi. The rest of the judgment and decree of the Trial Court stands affirmed .

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Sd/-

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JUSTICE K.S. HEMALEKHA

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*bgn/CT:VS

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List No.: 1 Sl No.: 30

Mr K v. Ambarish v Mr P Rajendran

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Mr K v. Ambarish v Mr P Rajendran

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