R.F.A.No.396/2008

and

R.F.A.No.397/2014

are

filed

challenging common judgment and decree dated 25.10.2013

passed in O.S.No.3484/2008 and 25639/2008 by XXVI Addl. City

Civil Judge, Mayohall, Bengaluru, (hereinafter referred to as 'Trial

Court'), as subject matter involved therein are similar and between

same parties, therefore, trial Court clubbed both matters and

disposed of by common judgment.

2. For sake of inconvenience, parties shall hereinafter be

referred to as follows: Appellant - Sri. A Boopathi was defendant

no.1 as 'Lessee'; whereas respondent no.1 Sri. Harish Kumar,

plaintiff as 'Purchaser' and respondents no.2 to 7 were defendants

in O.S.No.3484/2008 were 'Sub-tenants'.

3. O.S.No.3484/2008 was filed seeking for possession of suit

property from defendants and for damages of Rs.4,60,000/- etc. In

plaint, it was stated that Sri. A.P.Palaniveloo (hereinafter referred

to as ‘Lessor’) was absolute owner of property bearing No.152/1

situated at Wheeler road, Frazer town, Civil Station, Bangalore. He

leased a portion of suit property measuring 80 ft. X 50 ft. to Lessee

6

under registered lease deed dated 21.01.1986 for a period of 20

years. Leased portion was assigned new number as 152/1-7

(hereinafter referred to as ‘Suit property’). Subsequently, they

entered into another agreement, wherein Lessee undertook to pay

property tax of entire property including building to be constructed

thereon.

At time of lease, suit property was a vacant land. As per

terms, lessee was to construct residential or non-residential

building in accordance with plans to be got sanctioned from

Corporation. Clause-5 stipulated that on expiry of lease or its earlier

determination thereof, Lessor would become absolute owner of all

building and structures constructed thereon together with all

fixtures, fittings including electrical connection, switches, plug

points, meters, water connection pipes etc., free and discharged all

charges, encumbrances thereon, to Lessee.

Subsequent to agreement, Lessee put up commercial

complex at his own cost and leased portions thereof to third parties.

As terms of lease provided for termination of sub-tenancy on date

of expiry of lease, and possession of sub-tenants after expiry was

illegal. Lessee filed O.S.no.27023/2007 and O.S.no.26745/2007

7

against sub-tenants for eviction which were pending. Alleging that

Lessee was in process of inducting new tenants contrary to terms of

lease and thereby create third party rights, Purchaser filed suit.

Though lease period was expired on 21.01.2006 and sub-lease was

co-terminus with lease, Lessee continued to occupy suit property

and pay same rent as was being paid at time of expiry i.e. @

Rs.6,844/- per month, which was accepted by Lessor. Thus, Lessee

became tenant by holding over on monthly tenancy as per

provisions of Transfer of Property Act (hereinafter referred to as

‘T.P. Act’). It was further stated that Lessee was in default of rent

from December, 2007 till date.

In meanwhile, on 17.03.2008, Lessor sold suit property

to Purchaser and original sale deed was deposited by Purchaser in

Bank in connection with loan obtained. On date of sale, Purchaser

wrote a letter to Lessee about purchase of suit property and calling

upon him to vacate same. Subsequently, he also got issued legal

notice terminating tenancy, calling upon him to vacate. However,

Lessee got issued a false and untenable reply alleging that notice

was issued as a counter blast to O.S.no.25639/2008 filed by

Lessee.

8

It was further specifically averred that contrary to

agreement, Lessee failed to pay property tax in respect of entire

property from year 1999-2000. It was stated that total plinth area

of building was 2300 sq. ft., total constructed area was 9200 sq.

ft., and market rent in locality was Rs.50/- per sq. ft. Hence, Lessee

was liable to pay mesne profit of Rs.4,60,000/- per month.

Purchaser further stated that lessee was a tenant by holding over it

was a monthly tenancy, defendants no