- (1.) These two appeals are directed against the common judgment and decrees in O.S.No.4070/2003 and O.S.No. 4093/2003 dated 21/4/2007 on the file of the 14th Additional Civil Judge, Bangalore. The appellant was the defendant in both the suits. Smt. Laksmamma was the plaintiff in O.S. No.4093/2003. She was the first plaintiff in O.S. No.4070/2003 and Sri. M. Ananda was the second plaintiff in the said suit.
(2.) The above suits were filed by the plaintiffs for the ejectment of the defendant from the suit schedule properties. It is the case of the plaintiffs that the defendant was the tenant of the suit schedule properties. In O.S.No. 4093/2003, the suit schedule property was let out to the defendant as per the lease deed dated 3.8.1992 on a monthly rent of Rs.2,688/-. In O.S .No.4070/2003, the suit schedule property was let out on a monthly rent of Rs.3,100/- as per the lease deed dated 8.10.1989. In both the suits, the month of tenancy was as per the English calendar month. It is further contended that the defendant had agreed to pay the enhanced rent at the rate of 10% once in 5 years. In spite of the repeated demands, the defendant has not paid the enhanced rents. The plaintiffs have terminated the tenancy of the defendant from the suit schedule properties by issuing notices dated 2.5.2003. Since the defendant has failed to vacate the properties as per the demand made in the notices, the plaintiffs have filed the above suits for ejectment of the defendant and for certain other reliefs.
(3.) The defendant has entered appearance in both the suits. In O.S.No.4070/2003, defendant has filed the written statement, contending that it is a State Level Co-operative Organization registered under the Karnataka Co-operative Societies Act, 1959 (for short 'Act'). Therefore, the plaintiffs ought to have issued a notice under Section 125 of the Act. Since such a notice has not been issued, the suit is not maintainable. The defendant has further denied that it was in arrears of rent. It is further contended that plaintiffs had filed eviction petition in HRC No.488/1998 against the defendant, which was dismissed on 9/1/1999. Thereafter, the plaintiffs continued the tenancy of the defendant and accepted the rents offered from time to time without any objection. The defendant is ready to pay the enhanced rent as agreed by them. The defendant has not filed any written statement in O.S.No.4093/2003.;