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

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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 of Rs.5,000/- per month.

Inspite of service of notice, respondent did not vacate

the premises and pay the arrears of rent. Therefore, he

was constrained to file the suit. With these reasons, the

appellant

prayed

for

the

relief

of

ejectment

of

respondents from the suit property and also for payment

of arrears of rent of Rs.36,000/-.

4.

Respondent Nos.1 and 2 along with their

mother deceased defendant No.1, contending that they

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were not tenants of the suit property and even

Smt.Lakshmamma was not tenant of the suit property.

Respondents

along

with

deceased

defendant

No.1

entered into agreement of sale dated 16.11.1997.

According to the said agreement, appellant agreed to sell

the property for Rs.8,01,000/- and out of which, from

time to time, he received to an extent of Rs.4,00,000/-

as earnest money. By virtue of the same, respondents

became absolute owners of the property.

5.

Respondents further contended that since

they were the absolute owners of the property, question

of termination of tenancy or handing over of the

possession

do

not

arise.

Appellant

taking

undue

advantage that respondents are women, has filed this

suit, to illegally dispossess the respondents from the suit

property. With these reasons, respondents prayed to

dismiss the suit.

6.

From the rival contentions of the parties, the

learned Trial Judge framed the following issues:

5

1)

Whether the plaintiff proves that the

defendants have succeeded the tenancy rights

after the death of Lakshmamma, on a monthly

rent of Rs.1,000/-

2)

Whether the Plaintiff further proves

the

defendants

have

not

paid

rents

from

November 1997 onwards amounting a sum of

Rs.1,23,000/-?

3)

Whether the Plaintiff proves that the

tenancy has been terminated under Section 106

of Transfer of Property Act?

4)

Whether the defendants prove that

they have become the absolute owners of suit

schedule property as contended in the written

statement?

5)

Whether the defendants prove that

there is no cause of action?

6)

To what relief the plaintiff is entitled?

7.

Appellant to prove his case examined himself

as PW1 and got marked 17 documents and closed his

evidence. Respondents examined one witness as DW-1

and got marked 14 documents and closed their evidence.

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8.

The learned Trial Judge heard the arguments

of both the parties.

9.

The learned Trial Judge appreciating oral and

documentary evidence available on record, answered

Issue Nos.1 to 4 in the 'negative' and Issue No.5 in the

'affirmative' and dismissed the suit by judgment and

decree dated 01.04.2010. The same is challenged in the

present appeal.

10. Notice of the appeal was sent to the

respondents. Inspite of service of notice, respondents

did not appear before the Court and they are ex-parte.

11. During course of the pendency of the case,

appellant