This appeal is filed by the appellant-defendant under

Section 96 of Code of Civil Procedure for setting aside the

judgment and decree passed by the LXVI Additional City

Civil and Sessions Judge, Bengaluru in O.S.No.9129/2019

dated 23.09.2022 for decreeing the suit and directing the

appellant to vacate the premises within 30 days and

directing to pay arrears of rent of Rs.1,46,679/- and pay

Rs.15,000/- per month for damages.

2. Heard learned counsel for the appellant and

learned counsel for respondent.

3. The rank of the parties before the trial Court is

retained for the sake of convenience.

4. The case of the plaintiff before the trial Court is

that the plaintiff is the landlord of the schedule premises

and the defendant was tenant in the said schedule

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premises. There was a rental agreement dated 16.9.2014

for a period of 11 months and to pay monthly rent of

Rs.11,500/- excluding the electric and water charges. The

defendant has paid advance of Rs.1,00,000/- and also the

defendant agreed to enhance rent of 5% for every 11

months and the defendant is in arrears of rent from

February

2017

to

November

2019

amounting

to

Rs.2,46,679/- and after deducting the advance amount, he

has to pay arrears amount Rs.1,46,679/- but the

defendant has kept the premises under lock and not

vacating the premises. Notice was issued to the defendant

a on 15.10.2019 terminating the tenancy and directing to

vacate the premises and sought for damages charges to be

payable for Rs.25,000/- per month.

5. In pursuance of the notice, defendant appeared

through the counsel and filed written statement by denying

the claim of the plaintiff, however he has admitted he is

the tenant under the plaintiff and contended that the rent

was

Rs.10,500/-

per

month,

he

has

deposited

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Rs.1,00,000/- as security amount. An additional amount of

Rs.25,000/-

paid

during

renewal

of

agreement

on

15.02.2019 and the plaintiff after receiving the rent till July

2019 by cash locked the grill gate and stopped the access

of the defendant to the premises. The reply notice also

issued and defendant kept articles in the premises. Hence

prayed for dismissing the suit.

6.

Based upon the rival pleadings, the trial Court

framed 6 issues which are as under:-

"1.

Whether the plaintiff proves that he has

legally terminated the tenancy of the

defendant over the suit premises?

2.

Whether the plaintiff further proves that

the defendant is in arrears of rent of

Rs.1,46,679/- as on November 2019?

3.

Whether the plaintiff further proves that

the

defendant

is

liable

to

pay

Rs.25,000/- per month as damages for

his alleged illegal occupation of the suit

premises?

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4.

Whether the defendant proves that there

is no cause of action to the relief of

ejectment?

5.

Whether the defendant further proves

that the plaintiff is in due to him a sum

Rs.1,50,000/- the advance amount?

6.

What order or decree?"

7.

To prove the case of the plaintiff, he himself

examined as PW.1, got marked 22 documents and on the

other hand, the defendant examined 2 witnesses and got

marked 12 documents. After hearing the arguments, the

trial Court answered Issue Nos.1 and 2 in the Affirmative.

Issue No.3 in the partly affirmative. Issue Nos.4 and 5 in

the Negative and finally passed the judgment by decreeing

the suit which is under challenge.

8.

Learned

counsel

for

the

appellant

has

strenuously contended that the trial Court committed error

in decreeing the suit even though the defendant marked

Exs.D.1 to D.12. Ex.D.9 is the statement of accounts

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issued by the Banker which clearly reveals the rents were

paid by the defendants regularly till July 2019 and there

was dispute between them and thereafter, he has not paid

the rent. The plaintiff locked the door from outside and

deprived his right of entrance and literally dispossess. The

reply notice also given by the defendant and he was ready

to vacate and he is not in possession of the suit premises

in order to pay the charges of damage to the plaintiff. The

trial Cour