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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
His Creation – Appellant
Versus
A. Ramamurthy, S/o Late Sri T.V. Annaswamy – Respondent
ORDER :
M. NAGAPRASANNA, J.
The petitioner/defendant No.6 is at the doors of this Court calling in question an order dated 23-10-2024 passed by the LXXXIV Additional City Civil and Sessions Judge, Bengaluru on I.A.No.III in Comm.O.S.No.788 of 2024 rejecting the application filed by the petitioner under Order VII Rule 10 of the CPC seeking return of the plaint on the score that the Commercial Court lacks jurisdiction to adjudicate the dispute.
2. Heard Sri Skanda Kumar, learned counsel appearing for the petitioner and Sri K.Arun Kumar, learned senior counsel appearing for the respondent.
3. Sans details, facts are as follows: -
The respondent is the landlord and the petitioner is the sub-tenant of defendant No.1. The dispute arose between the two with regard to payment of rent or claim for arrears of rent. Therefore, the respondent institutes commercial O.S.No.788 of 2024 seeking possession and recovery of certain amount. The issue in the lis does not pertain to merit of the claim of the plaintiff or the defence of the defendants. Before the concerned Court, defendants 6 and 7 file an application under Order VII Rule 10 CPC seeking return of the plaint on the score that it did not satisf
The court held that claims involving arrears of rent and mesne profits constitute a commercial dispute under the Commercial Courts Act, necessitating judicial consideration and trial.
Mesne profits can only be claimed from the date of the eviction decree, not from the date of filing the suit, as possession remains lawful until the decree is passed.
The valuation of a suit for recovery of possession must comply with statutory provisions, and claims for mesne profits require a declaration of unauthorized occupation.
The valuation of a suit is determined by the plaintiff's estimation unless it is grossly improper, and issues of mesne profits must be resolved at trial.
A claim for future mesne profits is a distinct cause of action and can be validly pursued even if not initially included in a decree for possession, negating previous res judicata arguments.
(1) A tenant continuing in possession after expiry of lease may be treated as a tenant at sufferance which status is a shade higher than that of a mere trespasser – Appellant while continuing in poss....
Claims within Small Causes Court jurisdiction deemed maintainable; key distinctions between mesne profits and damages established for adjudication during trial.
Mesne profits are payable from the date of lease termination, and the Appellate Court can extend payment periods and correct errors in lower court decisions.
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