JUDGMENT

This appeal is filed by the appellants/plaintiffs under section 96 of C.P.C., for setting aside the judgment and decree dated 02.11.2023 for having dismissed the suit of the plaintiff in O.S.No.2622/2023 passed by the IX Addl. City Civil and Sessions Judge, Bengaluru, for filing suit for ejectment.

2. Heard the arguments of learned counsel for appellants. Issuing notice to respondent is dispensed with, as respondent was placed ex-parte before the trial court.

3. The case of the plaintiff before the trial court is that the plaintiffs are the owners of the 'A' schedule property consisting of 8 flats and 'B' schedule property is one of the flats rented out to the respondent/defendant on 1.9.2018 for Rs.29,500/- per month (including maintenance) by receiving Rs.3.30 lakhs as advance amount. Though the respondent/defendant was irregularly making the payment of rent, subsequently in August 2022, the rent was enhanced to Rs.34,650/- per month. All the rents were received by the plaintiff, by way of bank transfer. Subsequently, the defendant became defaulter in payment of rent, it was irregular.

Therefore, the plaintiff decided to issue legal notice to the defendant on 20.12.2022, dir