Mohd Saifulla Vs Smt Sujatha

MOHD SAIFULLA S/O.MOHD.PARU AGED ABOUT 56 YERARS R/AT NO.16, 4^TH MAIN, 2^ND CROSS, RAMACHANDRAPURAM BANGALORE-560 001, REPRESENTED BY HIS GPA HOLDERMOHD.ZAMEER PASHA, AT M/S.N S STEEL TRADERS NO.3/1, (PORTION OF OLD NO.38/3, 41) 2^ND CROSS, NR ROAD, NEW BAMBOO BAZAAR, BANGALORE-560 002.

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…PETITIONER

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(BY SRI. SHRAVAN S LOKRE.,ADVOCATE)

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AND:

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SMT SUJATHA W/O.GONA RAVINDRA BABU AGED ABOUT 51 YEARS

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SRI.GONA RAVINDRA BABU S/O.LATEG. SUBBA RAO AGED ABOUT 61 YEARS

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BOTH ARE RESIDING AT NO.137, 5^TH CROSS SOMESWARAPURA, HALASURU, BANGALORE-560 008.

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…RESPONDENTS

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(BY SRI. MOHAMED NASIRUDDIN., ADVOCATE)

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2 - NC: 2025:KHC:30866 WP No. 15056 of 2025

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HC-KAR

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THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER PASSED UNDER IA NO.7 UNDER SECTION 151 OF CPC DATED 07.04.2025 DIRECTING THE PETITIONER TO DEPOSIT A SUM OF RS. 7,08,000/- AS PRAYED FOR UNDER APPLICATION (ANNX-A) AND ETC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

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ORAL ORDER

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The present petition is filed by the petitioner, who is the defendant in O.S.No.1318/2021, pending consideration on the file of XXIX Additional City Civil and Sessions Judge, Bangalore (hereinafter referred to as 'the Trial Court').

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The trial Court by order dated 07.04.2025 passed on I.A.No.7 filed under Section 151 of CPC by the plaintiff, directed the petitioner/defendant to pay a sum of Rs.7,08,000/- and also reserved liberty to the parties to file their respective memos of calculation. It is this order that is put in question in this petition.

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Sri. Shravan S. Lokre, learned counsel for the petitioner submits that the petitioner is due and liable to pay a sum of Rs.4,40,000/-. However, the trial Court without any enquiry or opportunity to the petitioner has directed to

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3 - NC: 2025:KHC:30866 WP No. 15056 of 2025

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HC-KAR

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deposit the aforesaid sum of Rs.7,08,000/-. In furtherance to the submission, he had filed a memo of calculation. Paragraph Nos.3, 4 and 5 of the said memo read as under:

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'' 3. The Petitioner submits that if the said deposit of Rs.6,42,000/- is adjusted at the rate of Rs.20,000/- per month then the claimed rental for a period of 32 months from 15.02.2021 to October 2023 stands adjusted and leaving the arrears of rent (disputed) for 22 months.

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Rs.20,000X22	Rs.4,40,00/-

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4. The Respondent have claimed a sum if Rs.3,600/- to wards GST and have not filed any documents before the trial court or this Hon'ble court to show that they have furnish GST returns for the said premises.

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5. The petitioner submits that since there is a claim for enquiry upon past and present mesne profits the Petitioner undertakes to deposit sum of Rs. 2,20,000/- being 50% of the alleged dues (Rs.4.40,000/- for a period of 22 months) within a period of 3 months before this court in the interest of justice and equity.''

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Thus, according to the petitioner, petitioner is due

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and liable to pay a sum of Rs.4,40,000/- at the rate of Rs.20,000/- per month towards arrears of rent.

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As regards, the claim of the respondents/plaintiffs

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for payment of GST at Rs.3,600/- per month, learned counsel for the petitioner submits that the

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4 - NC: 2025:KHC:30866 WP No. 15056 of 2025

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HC-KAR

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respondents/plaintiffs has not furnished any document in this regard. Therefore, he is not liable to make the payment of the said amount.

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In response, Sri. Mohammed Nasiruddin, learned counsel for the respondents/plaintiffs submits that according to the calculation of the respondents/plaintiffs, the petitioner/defendant is due and liable to pay Rs.4,78,000/together with GST, which is to be calculated at Rs.3,600/per month.

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Heard and perused the records.

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There is a consensus between the parties to the extent of monthly rent being at Rs.20,000/- per month. As per the calculation of the petitioner/defendant the outstanding due as on this date is Rs.4,40,000/- while as per the calculation of respondents/plaintiffs the outstanding due as on this date is Rs.4,78,000/-. The difference is very marginal.

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