IN THE COURT OF THE PRINCIPAL CITY CIVIL AND SESSION
JUDGE, AT BENGALURU
O.S. NO. 4431 /2024
BETWEEN:
BANKATLAL LADDHA … PLANITIFF
AND:
ALAKAPURI HOMES AND
OFFICES PVT LTD … DEFENDANT
EVIDENCE OF THE PETITIONER BY THE WAY OF AFFIDAVIT
I, Bankatlal Ladda, S/o, Late Radhavallabh Laddha, aged about 77 years,
occupation; business. residing at No.64, Vallabh Vihar, Basappa Layout,
Hanumanthanagar, Bengaluru-560019, do hereby solemnly affirm and state
on oath as follows:
1. I am the petitioner in the above case. I know the facts of the case. Hence,
I am swearing to this affidavit.
2. I state that, I have filed this petition for recovery of possession and arrears
of rent.
3. I state that, I am the absolute owner of the Property bearing No.2371/A,
Flat No. G-02, Ground Floor, 7th Main Road, Banashankari 2nd Stage,
Bengaluru-560082, having Title deeds, Khata, Tax paid receipt,
Encumbrance and other revenue documents are standing in my name.
4. I state that, defendants have approached me to let out the suit scheduled
premises for further sub-letting to any duly authorized third party(s) for
legal residential or commercial purposes, for which I have agreed to let
out the scheduled property by executing the unregistered lease
agreement to sub-let on 16.08.2020, wherein monthly rent was fixed at
Rs. 25,000/- (Rupees Twenty-five thousand only) per month payable on or
before 10th day of each month, with an enhancement of 5% per year. The
Security deposit of Rs. 75,000/- (Rupees seventy-five thousand only). The
lease period is 4 years and the tenancy commenced from 1st September
2020 and shall come to an end 30th August 2024. The said lease
Agreement dated 16.08.2020 is produced for the kind perusal of this
Hon’ble Court and same may be marked as Exhibit.
5. I State that, defendants were paid rent regularly through bank transfer till
December 2022. In terms of lease the rent was enhanced 5% per year,
accordingly at present enhanced rent is Rs. 28,941/- per month. However,
defendants have failed to pay the enhanced rent from the month of
January 2023 to till today. Therefore, defendants are the chronic defaulter
in the matter of payment of rent, thereby defendants are using the
schedule premises without paying enhanced rent to the petitioner, and
thereby breached the terms and conditions of the lease agreement.
6. I state that, a legal notice dated 20.04.2024 was served upon the
defendant by calling upon the defendants to pay the entire arrears of rent
of Rs.4,46,513/- with 15 days’ notice thereon, if failed to pay the arrears
of rent this notice may be treated as termination of tenancy, However, the
defendants were refused to receive the said legal notice as per the
Acknowledgement Due card returned. hence, tenancy stands terminated
with effect from 01.05.2024. The office copy of the legal notice dated
20.04.2024 and returned postal covers and postal track
consignments are produced for your kind perusal and same may be
marked as Exhibits.
7. I state that, the arrears of rent of Rs. 4,46,513/-(Rupees four lakhs forty-six
thousand five hundred thirteen only) from January 2023 to April 2024 due
from the defendant, with interest at the rate of 18% per annum.
Wherefore, I most respectfully pray for the relief as prayed in the
plaint in the interest of justice and equity.
I, the deponent do herby verify and declare that the averments made
above are true and correct to the best of my knowledge, information and
belief.
Identified by me
Advocate Deponent
Bengaluru
Date:
