JUDGMENT :

1. This appeal is filed challenging the judgment and decree passed in O.S.No.1051/2000 dtd. 9/8/2005 on the file of XV Additional City Civil and Sessions Judge at Bangalore City.

2. The parties are referred to as per their original rankings before the Trial Court to avoid confusion and for the convenience of the Court.

3. The factual matrix of the case is that the plaintiff is a trust duly constituted and registered under the provisions of the Indian Trusts Act and was founded for religious, charitable and educational purposes and objectives. The defendant is a tenant under the plaintiff in respect of the portion of the premises situated at Sree Gundlu Muneswara Swamy Temple Premises, Hosur Road, Bangalore-29 morefully described in the plaint schedule, on a monthly rent of Rs.800.00. The tenancy month is from 1st to end of each English Calender month and defendant has been running an auto service station under the name and style of "M/s. Universal Auto Services".

4. It is the case of the plaintiff that the defendant is a chronic defaulter and most irregular in payment of rents from his inception and has paid the rent only till the end of 31/12/1996 and has committed default