ORAL JUDGMENT

The captioned Regular First Appeal is by the appellant - defendant assailing the judgment and decree dated 27.01.2009 rendered in O.S.No.15753/2006 on the file of XXVI Additional City Civil and Sessions Judge, Mayo Hall, Bengaluru thereby directing the appellant to handover the vacant possession of the suit schedule premises and damages at the rate of Rs.4,000/- per month from the month of January 2006 till handing over of possession of the schedule property.

2. For the sake of brevity, the parties are referred as they are ranked before the Trial Court.

3. Facts leading to the case are as under;

The plaintiffs have filed an ejectment suit seeking vacant possession of suit schedule premises and also sought a direction against the defendant to pay arrears of rent amounting to Rs.12,000/- and damages at the rate of Rs.20,000/- from 10.01.2006 to 09.04.2006 and for future damages at the rate of Rs.5,000/- per month from the date of the suit till surrender of vacant possession of schedule property to the plaintiffs.

4. The subject matter of the suit is a commercial shop bearing No.25/132 locate at Sagayapuram, B.S.A Road, Bengaluru - 84. The plaintiffs have filed the present su