The petitioner has challenged the order dated 23.06.2022

passed by the XI Additional Small Causes Judge and ACMM,

SCCH-12, Bengaluru (hereinafter referred to as 'trial Court' for

short) in S.C.No.984/2021, by which, an application filed by the

plaintiff/respondent herein was allowed and the petitioner was

directed to pay a sum of Rs.3,57,155/- as on 07.04.2022 and

to pay monthly rent at the rate of Rs.7,500/- from May-2022

till the suit is decided.

2.

The

proceeding

was

initially

filed

in

H.R.C.No.28/2020 for eviction of the petitioner herein in

respect of a residential premises, which was rented out on a

monthly rent of Rs.6,500/- as on 05.12.2012. The respondent

claimed that by the time the suit was filed, the escalated rent

payable was a sum of Rs.7,500/- per month. The notice in

H.R.C.No.28/2020 was issued to the petitioner/tenant who

entered appearance and filed I.A.No.6 contending that the

respondent/plaintiff claimed the rent in respect of the premises

was a sum of Rs.7,500/- per month, which was more than the

rent prescribed for the application of the Karnataka Rent Act,

1999 (hereinafter referred to as 'the Act, 1999' for short) and

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therefore, a petition for eviction under Section 27(2)(a)(r) of

the Act, 1999 was not maintainable. At that stage, the

respondent/plaintiff filed an application to amend the provision

of law invoked for filing the proceedings and also to renumber it

as a case before Small Cause Court. The said application was

allowed by the trial Court in terms of the order dated

30.10.2021 and the case was re-numbered as SC No.984/2021.

Later, an application was filed by the plaintiff numbered as

I.A.No.7 for a direction to the defendant/petitioner herein to

pay the arrears of rent of a sum of Rs.3,57,155/-. This

application was opposed by the petitioner/tenant, who claimed

that the admitted rent was Rs.6,500/- per month and that a

deposit of Rs.1,00,000/- was paid on 05.12.2012. He

contended that he did not agree to pay the enhanced rent at

the rate of 5% on the last paid rent. The trial Court after

considering the admitted rent as well as the fact that the

defendant/petitioner had admitted that he was inducted into

the premises in question as a tenant under the lease

agreement, held that the defendant/petitioner was liable to pay

enhanced rent at the rate of 5% on the last paid rent. It also

perused the notice issued by the respondent/plaintiff marked as

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Ex.P2 that the arrears of rent as on the date of filing of the suit

was Rs.1,26,135/-. The trial Court therefore determined the

arrears of rent of a sum of Rs.3,57,155/- as on 07.04.2022 and

consequently,

allowed

the

application

and

directed

the

defendant/petitioner to pay a sum of Rs.3,57,155/- as on

07.04.2022 and to deposit the monthly rent at the rate of

Rs.7,500/- per month, till the suit was decided. This order is

challenged by the defendant/petitioner.

3.

Learned counsel for the defendant submitted that

the defendant tried to hand over keys of the premises after

vacating it before the trial Court and that it was the

plaintiff/respondent, who refused to accept the key. He

submitted that the keys were therefore handed over before this

Court in the month of January-2023. He submits that the

tenant/petitioner is not liable to pay the rent beyond

10.08.2022, when the tenant/petitioner first offered to return

the keys.

4.

Learned

counsel

for

the

plaintiff/respondent

however invited the attention of the Court to the order sheet

dated 10.08.2022 of the trial Court and submitted that though

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a statement was made that the tenant/petitioner was ready to

handover the key, neither the defendant/petitioner was present

nor the key was handed over on that day. He submits that the

defendant/petitioner is not entitled to any sympathy since he

has refused to pay the arrears of rent during the pendency of

the proceedings.

5.

I have considered the submissions made by the

learned counsel for the petitioner as well as the learned counsel