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2019 Supreme(Kar) 1348

H.B.PRABHAKARA SASTRY
Hinduja Fashions – Appellant
Versus
Geekay Kusam Masala & Spice Extracts Pvt. Ltd. – Respondent


Advocates Appeared:
For the Appellant :Sri. Jagannath V.C., Advocate
For the Respondent:Sri. S.V.Giridhar, Advocate

JUDGMENT :

This is the defendant’s appeal. The present respondent, as a plaintiff, had instituted a suit against the present appellant arraigning it as defendant in O.S.No.9081/2013, in the Court of learned VII Addl. City Civil & Sessions Judge, Bengaluru (CCH-19), (hereinafter for brevity referred to as ‘trial Court’), for recovery of money of a sum of Rs.6,29,249/- with interest thereupon at the rate of 24% p.a.

2. The summary of the case of the plaintiff in the trial Court was that the defendant was a tenant under the plaintiff with respect to the premises bearing No.76, Industrial Suburb, Yeshwantpur, Bengaluru (suit property), on a monthly rent of Rs.2,66,634/-, inclusive of Tax Deducted at Source (TDS). Subsequently, the defendant vacated the suit premises after the period of lease and handed over the vacant possession of the same to the plaintiff. At that point of time, the defendant had also taken back the refundable deposit of Rs.25 lakhs vide the letter of the defendant dated 23.2.2013. At the time of vacating, the defendant was in arrears of rent of a sum of Rs.5,33,264/- for the months of January and February 2013, which was after deducting the TDS amount. However, at the

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