K.N. Keshavanarayana, J.

This appeal filed under Section 96 of CPC is directed against the Judgment and Decree dated 6.9.2007 passed by the XV Additional City Civil & Sessions Judge, Bangalore in O.S.No.8298/2001 decreeing the said suit filed by the respondents No.1 and 2 herein and directing the appellants No.1 and 2 to vacate and deliver the vacant possession of the suit schedule premises to the plaintiffs and also directing the defendants to jointly and severally to pay a sum of Rs.4,50,000/-towards the arrears of rent and to pay the damages at the rate of Rs.25,000/-p.m. from the date of the suit till delivery of the vacant possession of schedule premises, to the plaintiffs.

2. The respondents No.1 and 2 herein are the plaintiffs No.1 and 2, while appellants No.1 and 2 are the defendants No.1 and 2 in the Court below. Respondent No.3-P. Jagadish Chadaga, the brother of plaintiffs No.1 and 2 was subsequently impleaded as defendant No.3. The parties herein are referred hereinafter with reference to their ranking in the Court below.

3. The plaintiffs No.1 and 2 filed the aforesaid suit in the Court below seeking Judgment and Decree against the Defendants No.1 and 2 directing them to vacate and deliver the vacant possession of the suit schedule premises, to pay the arrears of rental of Rs.4,50,000/-as on 30.9.2001 and to pay the damages at the rate of Rs.25,000/-p.m., from 1.10.2001 onwards till the delivery of vacant possession of the schedule premises. The subject matter of the suit is the ground and mezzanine floors of the commercial premises bearing No.969/29, 3rd Floor, 4th Cross, Rajajinagar, Bangalore-560 010, in all measuring about 3179 square feet.

4. The case of the plaintiffs in brief is as under:-

The plaintiffs 1 and 2 being the brothers are the landlords of the schedule premises and the defendants 1 and 2 are the tenants under them in respect of the schedule premises on a monthly rent of Rs.25,000/-. The defendants became tenants of the schedule premises from 1.4.2000. The defendants are continuous defaulters in the matter of payment of monthly rents and they have not paid rents from 1.4.2000 onwards and as on 30.9.2001, they are in arrears of rent amounting to Rs.4,50,000/-.The two cheques issued by the second defendant in favour of the first plaintiff for Rs.1,50,000/-and Rs.1,25,000/-respectively towards the arrears of rent were dishonoured when presented for encashment. Thus, the defendants are total defaulters in the matter of payment of rent, as such, they are not entitled to continue their tenancy under the plaintiffs. In view of this conduct of the defendants in withholding the rentals right from the date of inception of tenancy, the plaintiffs issued a legal notice dated 4.9.2001 to the defendants demanding the arrears of rents, determining and also terminating the tenancy of the defendants in respect of the schedule premises. Though the defendants have received the said notice, they have failed to pay the arrears of rent due and also to vacate the schedule premises nor they have replied the said notice. Thus, in view of termination of tenancy, the possession of the schedule premises by the defendants became unauthorised and illegal. Therefore, they are liable to pay the damages for wrongful use and occupation of the schedule premises from 1.10.2001. With the above contentions, the plaintiffs sought for the reliefs as noted above.

5. Upon service of suit summons, the defendants 1 and 2 appeared in the Court below and filed their written statement, interalia contending that there is no cause of action for the suit, as, agreed period of lease was 10 years and the same has not yet expired. Though they admitted their status as tenant in the schedule premises, they disputed the correctness of the measurements of the schedule premises as stated in the schedule to the plaint. They disputed the averments that they became tenant of the schedule premises from 1.4.2000, however, they admitted the monthly