Smt. Divyamba vs Smt. B N Sudha
2023 Latest Caselaw 1576 Kant

                                             -1-
                                                      CRP No. 87 of 2022




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 24TH DAY OF FEBRUARY, 2023

                                          BEFORE
                  THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
                       CIVIL REVISION PETITION NO. 87 OF 2022 (SC)
                 BETWEEN:

                 SMT. DIVYAMBA
                 AGED ABOUT 42 YEARS,
                 W/O S. KANTHARAJU,
                 D/O LATE CHANDRASHEKHAR,
                 R/AT NO.482, 2ND FLOOR,
                 8TH MAIN, 2ND CROSS,
                 VIJAYANAGARA,
                 BENGALURU-560 040.
                                                           ...PETITIONER
                 (BY SRI. LEELADHAR H.P., ADVOCATE)

                 AND:

                 1.    SMT. B.N. SUDHA
                       W/O LATE V.N. SURESH,
Digitally
signed by R            AGED ABOUT 64 YEARS,
HEMALATHA
Location: High         R/AT NO.909/A/53,
Court of
Karnataka              6TH MAIN, VIJAJAYANAGARA,
                       BANGALORE-560 040.

                 2.    SMT. B.N. VEENA
                       W/O H. NAGARAJ,
                       AGED ABOUT 62 YEARS,
                       R/AT NO.834, 5TH MAIN,
                       M.C. LAYOUT, VIJAYANAGAR,
                       BANGALORE-560 040.

                 3.    SMT. SHASHI PANDITA
                       W/O SRI NAVEEN PADITA,
                       AGED ABOUT 54 YEARS,
                                   -2-
                                           CRP No. 87 of 2022




    R/AT NO.101, 'A' BLOCK,
    CANOPY CALYX APARTMENTS,
    COFFEE BOARD LAYOUT,
    BANGALORE-560 024.
                                               ...RESPONDENTS
(BY SRI. R.B. SADASHIVAPPA, ADVOCATE)

     THIS CRP IS FILED UNDER SECTION 18 OF THE SMALL
CAUSES COURTS, ACT, AGAINST THE JUDGMENT DATED
08.12.2021 PASSED IN S.C.NO.1553/2019 ON THE FILE OF
THE XIV ADDITIONAL SMALL CAUSES JUDGE AND ACMM
MEMBER, MACT, BENGALURU, PARTLY DECREEING THE SUIT
FOR EJECTMENT.

     THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:

                             ORDER

This petition under Section 18 of Small Causes Courts Act, is filed challenging the judgment dated 8.12.2021, passed by the XIV Additional SCJ & ACMM, Member, MACT, Bengaluru in S.C.No.1553/2019, by which, the petitioner herein was directed to vacate the Suit Schedule 'B' property and hand over the vacant possession to the respondents herein, and further directed to pay damages/mesne profit at the rate of Rs.5,000/- p.m. to the respondents herein from the date of termination of tenancy till actual possession.

2. After arguing the matter for some time, the learned counsel for the petitioner seeks leave of this court to withdraw the petition, however, submits that the direction to pay damages/mesne profit may be set aside. The submission is placed on record.

CRP No. 87 of 2022

3. The Small Causes Court in the absence of evidence on record has determined the rate of rent at Rs.5000/- per month, which is impermissible.

4. Accordingly, the Petition stands disposed of directing the petitioner herein to vacate the suit schedule 'B'property on or before 31.05.2023.

5. Insofar it relates to the direction to the defendant to pay damages/mesne profit at the rate of Rs.5,000/- p.m. to the respondents herein from the date of termination of tenancy till actual possession, the impugned judgment is hereby set aside.

Liberty is reserved with the respondents/plaintiffs to claim damages/mesne profit from the petitioner/defendant in accordance with law.

All contentions regarding rate of rent or arrears of rent are kept open.

Sd/-

JUDGE

HR