The ruling clarifies the obligations of tenants regarding payment for use and occupation of leased property amidst pending disputes.

ORAL ORDER

This petition by the defendants in Commercial O.S.No.134/2025 is directed against the impugned order dated 18.12.2025 passed on I.A.No.II whereby the said application filed by the respondents-plaintiffs under Section 151 CPC for a direction to the petitioners-defendants to pay damages in a sum of Rs.4,50,000/- per month was partly allowed by the Trial Court, which directed the petitioners-defendants to pay a sum of Rs.3,70,000/- per month for use and occupation of the schedule property from the month of institution of the suit till disposal of the suit on merits.

2. Heard learned counsel for the petitioners and learned counsel for the respondents and perused the material on record.

3. A perusal of the material on record will indicate that the respondents-plaintiffs instituted the aforesaid suit against the petitioners -defendants for ejectment / eviction, arrears of rent, damages, etc. The relief sought for by the respondents-plaintiffs against the petitioners- defendants are as under:

“(a) Decree of Ejectment directing the Defendants to quit and deliver the vacant possession of the Schedule Property forthwith, failing which the Plaintiffs shall be at liberty to secure the vacant possession of the Schedule Property through the process of the Court at the cost of the Defendants;

(b) A Money Decree directing the Defendants to pay to the Plaintiffs a sum of Rs.44,27,940/- (Rupees Forty Four Lakhs Twenty Seven Thousand Nine Hundred and Forty Only) towards the arrears of rent, damages and interest due to the Plaintiffs on account of the delay in payment of the rents and damages together with current and future interest thereon @24% per annum with effect from the date of the institution of the suit till the date of payment in entirety;

(c) A Decree of Damages directing the Defendants to effect payment of a sum of Rs.4,50,000/- [Rupees Four Lakh Fifty Thousand Only) per month or part thereof to the Plaintiffs for the use and occupation of the Schedule Property post the termination of tenancy as "tenant of sufferance" from the date of institution of the suit till the delivery of the vacant possession of the Schedule Property, failing which a Money Decree be passed for the payment of the same together with current and future interest thereon @24% per annum to be computed with effect from the respective due dates of the damages till the date of realisation;

(d) Pass an Order for an enquiry for payment of additional mesne profits in an appropriate Final Decree Proceedings in terms of Order XX Rule 12 of the Code of Civil Procedure , to be computed from the date of filing of this suit till the date of delivery of possession of the Schedule Property in excess Rs.4,50,000/- [Rupees Four Lakh Fifty Thousand Only] per month or part thereof with current and future interest @24% per annum (e) For an Order as to the costs of the present proceedings, and (f) For such other Order/Orders as this Hon'ble Court deems fit for grant under the circumstances of the case; in the interest of justice and equity.

SCHEDULE PROPERTY

All the piece and parcel of the PG premises situated at Site No.5, House Khata No.2, situated at Kadubeesanahalli Village, Varthur Hobli, previously Bengaluru South Taluk, now Bengaluru East Taluk, Bengaluru presently under the administrative jurisdiction of the Bruhat Bengaluru Mahanagara Palike, measuring East to West: 30 Feet and North to South: 40 Feet, total 1200 Square Feet, together with construction thereon of Ground Floor and Seven Upper Floors and rooms on terrace totalling to 38 rooms.

Bounded on the:

4. The petitioners having entered appearance in the suit, filed