Sri P.S. Sankar vs. M/S The Bangalore Printing And
Original PDF →Facts
The appellant, Sri P.S. Sankar, proprietor of Rathimena Travels, was a tenant in premises owned by the respondent, M/s The Bangalore Printing and Publishing Co. Ltd., under a lease deed dated March 9, 2022, for 11 months at a monthly rent of Rs. 2,36,940/- plus applicable GST. Clause 15 of the lease stipulated an additional Rs. 95,000/- per month if the tenant continued occupation after the lease expiry without consent. The appellant continued occupation post-expiry without consent or a new lease. The respondent filed a suit for ejectment and recovery of mesne profits/damages at an enhanced rate. The Commercial Court decreed the suit, ordering the appellant to pay Rs. 37,21,633/-. The appellant has since handed over the keys of the premises.
Held
The Court acknowledged that the appellant did not seriously dispute the Commercial Court's finding on mesne profits and damages, which were based on the lease agreement dated March 9, 2022. The appellant's counsel indicated a willingness to pay the decreed amount after adjusting the advance/security deposit. Consequently, the Court modified the judgment and decree of the Commercial Court. The appellant was granted four months from the date of the judgment to pay the amount due under the decree, after adjusting the advance amount. The modified decree will carry interest at 9% per annum from the date of filing the suit until actual payment. The appeal was disposed of with this modification.
Key Issues
1. Whether the Commercial Court's finding on mesne profit and damages, based on the lease agreement dated March 9, 2022, is legally sustainable? The appellant's counsel did not seriously dispute the Commercial Court's finding regarding mesne profits and damages being calculated based on the lease agreement. The primary contention raised by the appellant was their readiness to clear the arrears of rent/mesne profits/damages as ordered by the Commercial Court, subject to adjustment of the advance amount/security deposit paid at the time of lease execution. The respondent's arguments are not explicitly recorded in the judgment beyond their role as the plaintiff in the suit seeking recovery.
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Cause title — parties, addresses and appearances
ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH)
The present Commercial Court appeal under Section 13 (1-A) of the Commercial Courts Act, 2015 has been filed impugning the judgment and decree dated 28.01.2026 passed in Com.O.S.No.1051/2025 by the Commercial Court.
The appellant was a tenant in respect of the premises owned by the respondent-plaintiff in pursuance to the lease deed dated 09.03.2022. The lease was for a period of 11 months, in respect of non-residential premises, at a monthly rent of Rs.2,36,940/- plus applicable GST.
Clause 15 of the said lease deed provides that in the event tenant continued to occupy the premises after 11 HC-KAR
CNR: KAHC010256262026 NC: 2026:KHC:52387-DB months (expiry of the lease period) without any consent of the landlord, the tenant would be liable to pay an additional amount of Rs.95,000/- per month, besides the amounts stipulated under the lease deed, including interest and damages.
It is not in dispute that the initial period of 11 months expired and that the appellant continued in occupation of the premises thereafter without obtaining the consent of the respondent/plaintiff and without execution of any fresh lease deed. Consequently, the respondent/plaintiff instituted the suit seeking ejectment and recovery of mesne profits/damages at the enhanced rate of Rs.3,91,689/- per month from 09.01.2023 until delivery of vacant possession of the premises.
The learned Commercial Court decreed the suit and directed the appellant/defendant to pay arrears towards rent/mesne profits/damages in a sum of Rs.37,21,633/-.
Today, the learned counsel appearing for the appellant has handed over the keys of the schedule premises to the learned counsel appearing for the respondent/plaintiff. HC-KAR
CNR: KAHC010256262026 NC: 2026:KHC:52387-DB
The learned counsel for the appellant does not seriously dispute the finding of the Commercial Court inasmuch as the mesne profit and damages have been arrived on the basis of the agreement of lease dated 09.03.2022. The learned counsel for the appellant submits that the appellant is ready and willing to clear the amount of arrears of rent/mesne profits/damages as ordered by the Commercial Court, after giving due adjustment to the advance amount/security deposit, paid to the respondent/plaintiff at the time of execution of the lease deed.
In view of the above submissions and the facts and circumstances of the case, the appellant is granted four months' time from today to pay the amount payable under the decree, after giving due adjustment of the advance amount paid by the appellant to the respondent/plaintiff at the time of execution of the lease deed.
The amount so payable shall carry interest at the rate of 9% per annum from the date of filing of the suit till the date of actual payment. The judgment and decree of the learned Commercial Court stands modified to the aforesaid HC-KAR
CNR: KAHC010256262026 NC: 2026:KHC:52387-DB extent. Let the modified decree be drawn accordingly. The appeal is accordingly disposed of.
No order as to costs. (D K SINGH) JUDGE (H.SHANTHI BHUSHAN) JUDGE
RKA CT:SM List No.: 2 Sl No.: 3
Reproduced from the public record of the Karnataka High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.