- 1 - HC-KAR NC: 2026:KHC:35067 RFA No. 1360 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR FIRST APPEAL NO.1360 OF 2026 (RES) BETWEEN: 1. RAJESH K. N., S/O. LATE SRI N.K. NAGABHUSHANA SETTY, AGED ABOUT 53 YEARS, R/AT NOS.5 AND 6, 11TH DAVID CHURCH ROAD, RAMAMURTHYNAGAR, BENGALURU, (ADDRESS AS GIVEN BY THE PLAINTIFF) …APPELLANT (BY SRI. BALARAM M. L., ADVOCATE) AND: 1. SRI. UMESH K. R., S/O. LATE SRI. K. RAMANNA, AGED ABOUT 62 YEARS, 2. SMT. RAJANI, W/O MR UMESH K. R., AGED ABOUT 54 YEARS, BOTH ARE RESIDING AT NO.1098, 5TH STAGE, BEML LAYOUT, RAJARAJESHWARI NAGAR, BENGALURU - 560 098. …RESPONDENTS (BY SRI. M.R. VIJAYKUMAR, ADVOCATE FOR C/R1 IN CP.8521/26) Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35067 RFA No. 1360 of 2026 THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 READ WITH ORDER 41 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 13.03.2026 PASSED IN OS.NO.8170/2019 ON THE FILE OF THE XXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU AND ETC., THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Though the appeal is listed for orders, with consent of learned counsel appearing on behalf of both the parties, the matter is taken up for final disposal. 2. This Regular First Appeal is filed by the appellant/defendant (tenant) calling in question the judgment and decree dated 13.03.2026 passed in O.S.No.8170/2019 by the XXIX Additional City Civil and Sessions Judge, Bengaluru (CCH-30)1, thereby, the suit filed for ejectment was decreed directing the defendant to 1 hereinafter referred to as ‘the Trial Court’ for short - 3 - HC-KAR NC: 2026:KHC:35067 RFA No. 1360 of 2026 vacate and handover the vacant possession of the suit schedule ‘B’ premises to the plaintiffs. 3. For the sake of convenience and easy reference, the parties are referred to as per their rankings before the Trial Court. 4. It is undisputed fact that the plaintiffs are the owners of the premises and the defendant is the tenant of the suit schedule ‘B’ premises upon the monthly rent agreed between them. Accordingly, a rent agreement was executed. These facts are undisputed. Upon the suit filed for ejectment, the Trial Court decreed the suit and directed the defendant to vacate and handover the vacant possession of the suit schedule ‘B’ premises to the plaintiffs. The Trial Court also directed the defendant to pay damages of Rs.34,968/- to the plaintiffs with respect to the suit schedule ‘B’ property from October 2019 till the date of handing over the vacant possession of the suit schedule ‘B’ premises. - 4 - HC-KAR NC: 2026:KHC:35067 RFA No. 1360 of 2026 5. Learned counsel appearing on behalf of the appellant/defendant submitted that if two and a half years’ time is given to the appellant/defendant, then the appellant/defendant will vacate and handover the vacant possession of the suit schedule ‘B’ premises to the plaintiffs. For this, learned counsel appearing on behalf of the respondents/plaintiffs submitted that reasonable time may be granted, but not two and half years. Learned counsel appearing on behalf of the respondents/plaintiffs also requested the Court to direct the appellant/defendant to pay the entire arrears of rent amount along with Goods and Service Tax (GST). 6. Learned counsel appearing on behalf of the appellant/defendant as well as learned counsel appearing on behalf of the respondents/plaintiffs filed memo of calculations. Learned counsel appearing on behalf of the appellant/defendant is disputing the payment of GST and submits that the appellant/defendant is liable only for payment of additional rent amount. It is the bounden duty - 5 - HC-KAR NC: 2026:KHC:35067 RFA No. 1360 of 2026 of the respondents/plaintiffs to pay GST to the Government on the rent amount received; therefore, if the appellant/defendant failed to pay the rent, quite naturally, there would be due payment of GST by the respondents/plaintiffs. Hence, the appellant/defendant is liable for both the arrears of rent along with GST. 7. Learned counsel appearing on behalf of the respondents/plaintiffs calculated the arrears of rent amount along with GST of Rs.8,09,409/-. The learned counsel appearing on behalf of the appellant/defendant is disputing the GST on rent, but not additional rent amount, as above stated. Since the respondents/plaintiffs are liable to pay GST on the rent amount received; therefore, if the appellant/defendant had been paying the rent regularly, then there could not have been any balance of GST payable. Hence, the appellant/defendant is liable to pay the arrears of rent amount along with GST i.e., total amount of Rs.8,09,409/-. - 6 - HC-KAR NC: 2026:KHC:35067 RFA No. 1360 of 2026 8. Considering the prayer of the learned counsel appearing on behalf of the appellant/defendant, some time is necessarily be given to the appellant/defendant to vacate and handover the vacant possession of the suit schedule ‘B’ premises. Also, the appellant/defendant is directed to pay arrears rent amount of Rs.60,000/- p.m. till vacating the suit schedule ‘B’ premises and one year’s time is granted to vacate and handover the vacant possession. To this effect, the appellant/defendant is directed to file an affidavit undertaking within four weeks’ from today. 9. If the respondents/plaintiffs have a GST registration certificate, then a copy of the same shall be handed over to the appellant/defendant so as to enable the appellant/defendant to make claim input tax credit. 10. The payment of arrears of rent amount along with GST by the appellant/defendant is subject to condition that the respondents/plaintiffs shall produce a - 7 - HC-KAR NC: 2026:KHC:35067 RFA No. 1360 of 2026 copy of the GST registration certificate to the appellant/defendant. 11. The appellant/defendant is directed to pay the arrears of rent amount along with GST within a period of two months from today. 12. With the above said observations, the appeal is disposed of. In view of disposal of the appeal, pending IAs’, if any, shall stand disposed of. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 13