VENKATAIAKSHMI D/O S.B. MUNIYAPPA Vs. SMT P. SUDHARANI W/O P. AMACHARDRA AND OTHERS

JUDGEMENT

(1.) IN this writ petition, petitioner is aggrieved by the order dated 28.10.2011 passed by the Court below allowing I.A. No.1 filed by the plaintiffs respondents, thereby directing the defendant to pay a sum of Rs. 90,000/ - to the plaintiff within one month from the date of the order.

(2.) THE petitioner is the 2nd defendant in the suit The suit is filed by respondents 1 to 4 herein seeking enjoyment of the defendants, with a prayer for handing over vacant possession of the premises apart from payment of damages.

(3.) IN the affidavit filed in support of the application, the 2nd plaintiff contended that the defendant was a chronic defaulter in the matter of payment of rents. As agreed by the plaintiffs and defendants, the lease agreement was entered into on a monthly rent of Rs. 20,000/ -. A quit notice was issued on 05.01.2010 calling upon the defendants to pay the arrears of rent and deliver vacant possession of suit schedule property and that defendarns were required to pay a sum of Rs. 30,000/ - per month towards rent from the month of November 2009 till 1st of May 2009. Thereafter, the defendants were liable to pay the rent at the sate at Rs. 24,000/ - from 01.05.2009 till 05.01.2010 i.e. the date of issue of quit notice. It was also asserted that the defendants were liable to pay Rs. 20,000/ - from 03.01.2010 as damages, as the occupation of the defendants in the suit schedule properly had to be treated as unauthorised one from the date of termination of tenancy.