A. Saleem & Others vs R. Ramesh

H.P. Sandesh, J

This matter is listed for admission today. Heard the learned counsel for the appellants and the learned counsel for the respondent.

This appeal is filed challenging the order dated 06.03.2023, passed in O.S.No.780/2020, on the file of the LXXV Additional City Civil and Sessions Judge, Bengaluru, allowing the application filed under Order 11 Rules 21 and 39 Rule 10 read with Section 151 of CPC directing the defendants to pay the arrears of rent for 29 months from February 2019 to June 2021 at the rate of Rs.35,000/- per month and directing defendant No.1 to pay the tax to the BBMP from the year 2011-12 to 2021-22 along with interest to the respective authorities as per the terms of the lease deed and directing the plaintiff to re-deposit the same before the Court if after the Court appreciating the merits of the case a judgment passed against the plaintiff saying that he has already received the rent from February 2019 to June 2021 as per rental receipt and the defendant already paid the taxes or he is not bound to pay the taxes then the plaintiff has to give undertaking that he should pay the same and deposit the same before the Court.

The learned counsel for the appellants submits that the appellants have not committed any default in payment of rent and they are paying the rent regularly. The plaintiff has issued the receipt and also payments are made through bank and the same has not been considered. The learned counsel submits that the Trial Court has made an observation with regard to the non-filing of the certificate under Section 65B with regard to the statements filed before the Trial Court and the very approach of the Trial Court is erroneous.

Per contra, the learned counsel for the respondent submits that the rent receipts, which have been produced before the Court are disputed and contend that it was created. The learned counsel submits that no details of payment is furnished as to which account they have paid the amount and if they give the details for having paid the amount, he is going to produce the said statement of account before the Trial Court.

Having considered the contentions of the respective learned counsel, the appellants/defendants are relying upon the rent certificate and also having made the payment through bank. The respondent/plaintiff is disputing the very receipt as well as the payment and contend that no details of bank account is furnished as to which account they have deposited the amount. There is a dispute with regard to the payment of rent. It is the claim of the plaintiff that 29 months rents are not paid. There is no dispute with regard to the rate of rent is Rs.35,000/-per month. This Court had directed the appellants to deposit an amount of Rs.3,00,000/- before this Court and accordingly, the amount is deposited on 05.06.2023 as submitted by the learned counsel for the appellants. When there is a dispute with regard to the payment of rent, the same requires trial as to whether the receipts are genuine and whether the payments are made has to be considered. The observation of the Trial Court with regard to non-production of 65B certificate does not arise and only while marking the document, 65B certificate is required and hence the same can be considered at the time of marking the document. When there is a dispute with regard to the payment of rent, the same has to be adjudicated only during the trial. The amount of Rs.3,00,000/-, which is deposited before this Court is ordered to be transferred to the Trial Court and the defendants are directed to deposit the difference amount before the Trial Court for about 29 months. The Trial Court has to take a decision with regard to the payment of rent. The appellants are directed to deposit the rent at the rate of Rs.35,000/- per month before the Trial Court and with regard to disputed rent is concerned, it requires an enquiry. With regard to the admitted rate of rent of Rs.35,000/- per month is concerned, which is going to be deposited before the Trial Court i.e., future rent, the respondent is permitted to withdraw the said amount. Insofar as the amount which is in dispute is concerned, if the Trial Court comes to the conclusion that the appellants herein are due, the same is payable to the respondent immediately after adjudication. The Trial Court is directed to dispose of the matter within nine months. Both the parties and the respective learned counsel are directed to assist the Trial Court in disposal of the case within the time stipulated.

Accordingly, the appeal is disposed of.