Heard.

2.

Aggrieved by the dismissal of his suit for

ejectment, the plaintiff in S.C.No.15577/2011 on the file of

XV Additional Judge and Court of Small Causes, Bengaluru

has preferred the above petition.

3.

During the pendency of the petition, the

petitioner

died

and

his

legal

representatives

have

continued the case. For the purpose of convenience, the

parties will be referred to as per their ranks before the trial

Court.

4.

The subject matter of the suit was property

bearing Shop No.12 in Ground Floor bearing Khata No.6/1

situated

at

Erappa

Layout,

Banaswadi

Main

Road,

Bengaluru measuring 13 feet x 24 feet.

3

5.

The case of the plaintiff in brief is as follows:

He let out the suit premises to the defendant under

lease agreement dated 01.04.1998 on monthly rent of

Rs.1,000/- and sum of Rs.20,000/- was paid as security

deposit. The rent was increased and rate of rent payable

as on the date of suit is Rs.1,400/- per month. After expiry

of the term of the lease, he requested the defendant to

handover the possession of the property which was not

complied.

Ultimately,

he

got

issued

notice

dated

06.12.2006 demanding vacant possession of the property.

Despite service of notice, the de