Plaintiff is O.S.No.7072 of 2007 on the file of 12^th

Additional City Civil Judge Court, Bengaluru (CCH-27)

has preferred this appeal challenging the judgment and

decree passed in the said case dated 01.04.2010.

It was the case of the appellant that appellant

is

the

owner

of

the

suit

property.

One

Smt.Lakshmamma, i.e., (mother of deceased defendant

No.1) grandmother of Respondent Nos.1 and 2 was

tenant in the said property. After the death of

Smt.Lakshmamma, Respondent Nos.1 and 2 and their

mother deceased defendant No.1, continued tenancy

rights and they have been paying rent of Rs.1,000/- per

month. The respondents were irregular in payment of

3

the rent. They did not pay rent from November, 1997

onwards till the filing of the suit, inspite of several

requests. However, the appellant for the purpose of this

suit, claiming the rent only for a period of three years,

i.e., Rs.36,000/-.

3.

Appellant further contended before the Trial

Court that he issued notice dated 18.08.2007, under

Section 106 of Transfer of Property Act, terminating the

tenancy of the respondents and called upon them to

hand over the vacant possession of the property and also

to pay mesne profits at the rate