Shri B.K. Rajendra Prasad v. M/S Sreenivasa Enterprises
Case brief
What is this about?
Bengaluru Urvashi Theatre eviction and mesne profits enhancement; M/s. Sreenivasa Enterprises (tenants) versus B.K. Govindaraj heirs / Basetty Trust / B.V. Narayan (landlords); Clause 30 renewal-with-consent provision; specific performance of 45-year lease extension refused; Order XX Rule 12(1)(ba) CPC - separate inquiry not mandatory; mesne profits raised to Rs.20 lakh per month at Rs.43 per sq ft; possession deadline 15.02.2026; RFAs 816, 648, 814, 1057, 1063, 1065, 1078, 1079, 1115 of 2024; High Court of Karnataka, 13-10-2025.
What did the court decide?
Landlords' appeals (RFAs 816, 648, 814 of 2024) partly allowed and the trial Court's judgment/decree dated 15.02.2024 modified: mesne profits/damages enhanced to Rs.20,00,000/- per month for the entire suit schedule properties (Rs.4,87,878/- + Rs.10,20,734/- + Rs.4,91,490/- per month respectively), running from 23.04.2018 (per the apportionment table) / 24.04.2018 (per para 428) till handing over vacant possession of the land along with the theatre building; time to vacate reduced to two years, i.e. on or before 15.02.2026, with demolition to commence at least four months earlier; attachment of the properties to continue till deposit of the entire mesne profits/damages before the trial Court; modified decree to be drawn; no order as to costs. Tenants' appeals (RFAs 1057, 1063, 1065, 1078, 1079 and 1115 of 2024) dismissed and the trial Court's judgments in O.S.Nos.3844/2016, 3858/2016 and 3861/2016 confirmed.