Karnataka High Court
Mr A Saleem vs Sri R Ramesh on 8 June, 2023
Bench: H.P.Sandesh
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MFA No. 2296 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
MISCELLANEOUS FIRST APPEAL NO.2296 OF 2023 (CPC)
BETWEEN:
1. MR. A. SALEEM,
AGED ABOUT 46 YEARS,
S/O A. SOWKA ALI,
NO.30, I FLOOR, I MAIN,
BHARATH MATHA LAYOUT,
VENKATESHA PURAM,
ARABIC COLLEGE POST,
BANGALORE 560 045.
2. MR. A.R. ALTAF PASHA,
AGED ABOUT 51 YEARS,
S/O LATE ABDUL RASHEED,
A-1 CYCLE WORLD,
NEXT TO BATA SHOWROOM,
KATHA NO.640, NEW NO. 640/1,
Digitally signed
by SHARANYA T OLD MADRAS ROAD, K.R. PURAM,
Location: HIGH BANGALORE 560 036.
COURT OF
KARNATAKA ...APPELLANTS
(BY SRI B.R. VISWANATH, ADVOCATE)
AND:
SRI R. RAMESH,
AGED ABOUT 54 YEARS,
S/O RAMACHANDRAIAH SETTY,
NO.420/2, 2ND MAIN,
OPP CAUVERY GAS AGENCY,
BANGALORE 560 036.
...RESPONDENT
(BY SRI NAGENDRA NAIK R, ADVOCATE)
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MFA No. 2296 of 2023
THIS MFA IS FILED UNDER ORDER 43 RULE 1(f) AND (r)
OF CPC, AGAINST THE ORDER DATED 06.03.2023 PASSED ON
IA NO.4 IN O.S.NO.780/2020 ON THE FILE OF THE LXXV
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU,
(CCH-76), ALLOWING THE APPLICATION FILED UNDER ORDER
11 RULE 21 AND 39 RULE 10 R/W SECTION 151 OF CPC.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This matter is listed for admission today. Heard the
learned counsel for the appellants and the learned counsel
for the respondent.
2. This appeal is filed challenging the order dated
06.03.2023, passed in O.S.No.780/2020, on the file of the
LXXV Additional City Civil and Sessions Judge, Bengaluru,
allowing the application filed under Order 11 Rules 21 and
39 Rule 10 read with Section 151 of CPC directing the
defendants to pay the arrears of rent for 29 months from
February 2019 to June 2021 at the rate of Rs.35,000/- per
month and directing defendant No.1 to pay the tax to the
BBMP from the year 2011-12 to 2021-22 along with
interest to the respective authorities as per the terms of
the lease deed and directing the plaintiff to re-deposit the
MFA No. 2296 of 2023
same before the Court if after the Court appreciating the
merits of the case a judgment passed against the plaintiff
saying that he has already received the rent from February
2019 to June 2021 as per rental receipt and the defendant
already paid the taxes or he is not bound to pay the taxes
then the plaintiff has to give undertaking that he should
pay the same and deposit the same before the Court.
3. The learned counsel for the appellants submits
that the appellants have not committed any default in
payment of rent and they are paying the rent regularly.
The plaintiff has issued the receipt and also payments are
made through bank and the same has not been considered.
The learned counsel submits that the Trial Court has made
an observation with regard to the non-filing of the
certificate under Section 65B with regard to the statements
filed before the Trial Court and the very approach of the
Trial Court is erroneous.
4. Per contra, the learned counsel for the
respondent submits that the rent receipts, which have been
MFA No. 2296 of 2023
produced before the Court are disputed and contend that it
was created. The learned counsel submits that no details
of payment is furnished as to which account they have paid
the amount and if they give the details for having paid the
amount, he is going to produce the said statement of
account before the Trial Court.
5. Having considered the contentions of the
respective learned counsel, the appellants/defendants are
relying upon the rent certificate and also having made the
payment through bank. The respondent/plaintiff is
disputing the very receipt as well as the payment and
contend that no details of bank account is furnished as to
which account they have deposited the amount. There is a
dispute with regard to the payment of rent. It is the claim
of the plaintiff that 29 months rents are not paid. There is
no dispute with regard to the rate of rent is Rs.35,000/-
per month. This Court had directed the appellants to
deposit an amount of Rs.3,00,000/- before this Court and
accordingly, the amount is deposited on 05.06.2023 as
submitted by the learned counsel for the appellants. When
MFA No. 2296 of 2023
there is a dispute with regard to the payment of rent, the
same requires trial as to whether the receipts are genuine
and whether the payments are made has to be considered.
The observation of the Trial Court with regard to non-
production of 65B certificate does not arise and only while
marking the document, 65B certificate is required and
hence the same can be considered at the time of marking
the document. When there is a dispute with regard to the
payment of rent, the same has to be adjudicated only
during the trial. The amount of Rs.3,00,000/-, which is
deposited before this Court is ordered to be transferred to
the Trial Court and the defendants are directed to deposit
the difference amount before the Trial Court for about 29
months. The Trial Court has to take a decision with regard
to the payment of rent. The appellants are directed to
deposit the rent at the rate of Rs.35,000/- per month
before the Trial Court and with regard to disputed rent is
concerned, it requires an enquiry. With regard to the
admitted rate of rent of Rs.35,000/- per month is
concerned, which is going to be deposited before the Trial
MFA No. 2296 of 2023
Court i.e., future rent, the respondent is permitted to
withdraw the said amount. Insofar as the amount which is
in dispute is concerned, if the Trial Court comes to the
conclusion that the appellants herein are due, the same is
payable to the respondent immediately after adjudication.
The Trial Court is directed to dispose of the matter within
nine months. Both the parties and the respective learned
counsel are directed to assist the Trial Court in disposal of
the case within the time stipulated.
6. Accordingly, the appeal is disposed of.
Sd/-
JUDGE
MD
