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B. Chikkanna And Anr. vs Smt. K.M. Jagadamba on 15 September, 2006

Karnataka High Court
B. Chikkanna And Anr. vs Smt. K.M. Jagadamba on 15 September, 2006
Equivalent citations: 2007 (1) KarLJ 330
Author: K S Rao
Bench: K S Rao


JUDGMENT

K. Sreedhar Rao, J.

1. The appellants-tenants have suffered the decree of eviction and is in appeal. It is the contention that the measurement of the building is less than 14 sq. Meters and that the Karnataka Rent Act would attract and that the Civil Court has no jurisdiction to entertain the case.

2. The Counsel for the appellants submitted the above propositions on the ground that the internal measurements of the building as per the Commissioner’s report is less than 14 square meters. The exterior measurement of the building if considered, the area is above 14 Sq. Meters. The contention that the carpet area of the building should be taken is untenable. The plinth area of the building is the criteria to assess the total measurements, the find out whether it comes within the purview of the Rent Act of otherwise.

3. In the instant case, plinth of the area is more than 14 sq. Meters Hence, Civil Suit is maintainable. The tenancy is validly terminated by issuance of notice Under Section 106 of the T.P. Act. The tenant has no triable defence. The order of eviction is sound and proper.

4. Counsel for the appellants submit that the tenant started constructing another building and he may be given reasonable time for shifting his business to his premises.

5. Counsel for the appellants submit that in respect of the mesne profits, this Court may fix the reasonable amount. Keeping in view the location of the property and its potential market rents, it is directed that the appellants shall pay monthly Rs. 10,000/- towards damages as use and occupation from this day till the vacation and shall also pay arrears of rent within three months.

6. Keeping in view, the submissions, the appellants are granted time till the end of december 2007 for vacating the premises. The appellants/tenants shall pay monthly rents regularly. In the event of default of payment of damages for two months consecutively, the time extended shall stands vacated, the decree of eviction shall be forth with be enforced. The monthly rents shall be paid on or before 5th of every month.

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