. IN THE COURT OF CITY CIVI.
JUDGE, BENGALURU
(CCCH NO. /1 )
OS N0.______ 0F 2025
BETWEEN:
Shilpa Basavaraj
D/o late Basavaraj
Aged about 49 years
No.29, K H Road
Shantinagar,
Bengaluru - 560027 : Plaintiff
AND
Aditya Sunil
S/o Sunil
Aged about 30 years
No.30, South end circle
Jayanagar,
Bengaluru - 560011 : Defendant no.1
Ayaan Mehmood
S/o Ayaze Mehmood
Aged about 30 years
No.69, Cunningham road,
Vasant Nagar,
Bengaluru - 560001 : Defendant no.2
PLAINT UNDER SECTION 26 & ORDER VI RULE 1 & 2 OF
THE CODE OF CIVIL PROCEDURE
The plaintiff above named submits as follows:
1. The addresses of the parties for the service of suit summons, notices, and all
other judicial communications from this Hon’ble Court are as furnished in the
cause title herein above. Additionally, the Plaintiff may be notified through his
counsel, Hrishikesh Associates and Advocates, No. 29/1, Nanjappa Road,
Shanthi Nagar, Bengaluru – 560 027, Mobile No. 7892766852, Email:
contact@[Link].
1. The Plaintiff and the Defendants are well acquainted. Defendant No.1 was duly
appointed by the Plaintiff as an agent to collect rents from the Plaintiff’s
commercial properties, and Defendant No.2 executed a guarantee for the
obligations of Defendant No.1. Pursuant to an agreement between the Plaintiff
and Defendant No.1, a registered General Power of Attorney (“GPA”) was
executed in favour of Defendant No.1, authorising him to collect rents on behalf
of the Plaintiff. The agreement further provided that, should any rental amounts
become time-barred due to the negligence of Defendant No.1, such sums would
be recoverable from Defendant No.1, with Defendant No.2 acting as guarantor
for the said amounts.
1. It is respectfully submitted that a duly registered GPA was executed, appointing
Defendant No.1 as the Plaintiff’s attorney. The said GPA granted Defendant No.1
authority to collect rent for and on behalf of the Plaintiff and to initiate legal action
in the event of default by any tenant. Defendant No.1 was under an explicit
obligation to forthwith remit all rent collected to the Plaintiff. The GPA contained a
specific clause stipulating that, in the event of rent not being collected within the
prescribed period and becoming time-barred due to the negligence of Defendant
No.1, such defaulted sums would be recoverable directly from Defendant No.1,
with Defendant No.2 serving as surety for the same.
1. The Plaintiff owns two commercial properties, each comprising ten (10) office
units. The Plaintiff’s auditor, appointed to examine the rent accounts, informed
the Plaintiff that rental dues for four (4) office units had become outstanding and
time-barred. The particulars of the dues aggregating to ₹3,00,000 (Rupees Three
Lakh Only) are as follows:
1. In accordance with the agreement between the parties, if any rental amounts
owed by Defendant No.1 to the Plaintiff become time-barred, Defendant No.1
remains personally liable to pay such sums. Further, Defendant No.2, being the
surety, is also jointly and severally liable to discharge the said liability in the event
of default by Defendant No.1.
2. The Plaintiff has repeatedly demanded payment of the aforementioned dues
from Defendant No.1. Despite several oral and written communications, including
the issue of formal legal notices to both Defendants, no payment has been
made. Owing to the Defendants’ persistent failure to respond or comply with the
Plaintiff’s legitimate demands, the Plaintiff is left with no effective remedy other
than to institute the present suit for recovery of debt.
3. The cause of action for this suit first arose on 5 January 2025, when the sums
due to the Plaintiff became time-barred. Further cause of action accrued on 17
January 2025, upon the Defendants’ failure to comply with or respond to the legal
notices issued demanding payment of the said dues.
4. The subject matter of the present suit is valued at ₹3,00,000 (Rupees Three
Lakh Only) in accordance with Section 21 of the Karnataka Court Fees and Suits
Valuation Act, 1958. Accordingly, a fixed court fee of ₹13,625 (Rupees Thirteen
Thousand Six Hundred Twenty-Five Only) has been paid in compliance with
Article 1(iii) of Schedule I of the aforesaid Act.
5. This Hon’ble Court has the requisite territorial and pecuniary jurisdiction to
entertain and try the present suit, as the cause of action has arisen within the
jurisdictional limits of this Court, and both Defendants reside and conduct
business within this Jurisdiction.
6. The Plaintiff affirms that no other suit or proceeding, arising out of the same
cause of action, is presently pending between the parties before any other court
or legal forum.
SCHEDULE
Item No. 1
All that piece and parcel of the western portion of property Site No. 35, (Site No.1,Old
No.48), PID No. : 89-385-35, Khatha No.1346,
carved out of Survey No. 48,
Kacharakanahalli, situated at Anthony Road, Anthonappa Layout, Kammanahalli,
Bengaluru 560084, Ward No.89, measuring about 2350 square feet and bounded on
East by :Eastern portion of land bearing Site No.35
West by : Road
North by : Road
South by : Property of Chowri Reddy
Item No.2
All that piece and parcel of the Eastern portion of property Site No. 35, (Site No.1,0ld
No.48), PID No. : 89-385-35/1, Khatha No.1346,
carved out of Survey No. 48,
Kacharakanahalli, situated at Anthony Road, Anthonappa Layout, Kammanahalli,
Bengaluru 560084, Ward No.89, measuring about 97.54 square feet and bounded on
East by : Private property
West by : Western portion of land bearing Site no.35
North by : Road
South by : Property of Chowri Reddy
PRAYER
Wherefore, the Plaintiff respectfully prays that this Hon’ble Court may be pleased
to:
I. Pass a judgment and decree directing Defendant No.1 and/or Defendant No.2 to
jointly and severally pay a sum of ₹3,00,000 (Rupees three Lakh Only), along
with interest at the rate of 18% per annum from the date of institution of the suit
until realisation of the entire amount;
II. Award the costs of the suit to the Plaintiff;
[Link] such other and further reliefs as this Hon’ble Court may deem fit and
proper, in the facts and circumstances of the case, to secure the ends of justice.
ADVOCATE FOR PLAINTIFF PLAINTIFF
VERIFICATION
I, Shilpa Basavaraj , the plaintiff above named, do hereby verify and declare that
what is stated above in paras 1 to 10 are true and correct to the best of my
knowledge, information and belief.
Bengaluru
Date: 21.3.2025 PLAINTIFF
IN THE COURT OF CITY [Link], BENGALURU
(CCCH NO. /1 )
OS N0.______ 0F 2025
BETWEEN:
Shilpa Basavaraj
D/o late Basavaraj
Aged about 49 years
No.29, K H Road
Shantinagar,
Bengaluru - 560027 : Plaintiff
AND
Aditya Sunil
S/o Sunil
Aged about 30 years
No.30, South end circle
Jayanagar,
Bengaluru - 560011 : Defendant no.1
Ayaan Mehmood
S/o Ayaze Mehmood
Aged about 30 years
No.69, Cunningham road,
Vasant Nagar,
Bengaluru - 560001 : Defendant no.2
VERIFYING AFFIDAVIT
I,Shilpa Basavaraj ,D/o late Basavaraj, aged about 50 years, residing at
No.29, K H Road ,Shantinagar, Bengaluru - 560027, do hereby solemnly
affirm and state
on oath as follows:
1. I am the plaintiff in the above suit and as such I am fully acquainted
with the facts of the case.
2. I submit that the averments made in paras I to 10 in the accompanying
plaint are true and correct to the best of my knowledge, information
and belief.
IDENTIFIED BY ME
DEPONENT
ADVOCATE
Bengaluru SWORN TO
BEFORE ME
Date: 21.3.2025