M/S EMINENT MED TOURISM AND HOSPITALITY PRIVATE LIMITED vs. MR. MOHAMMED SALMAN NAJI

NC: 2026:KHC:11369
WP No. 37573 of 2025

HC-KAR




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 24 DAY OF FEBRUARY, 2026


BEFORE

THE HON'BLE MS. JUSTICE TARA VITASTA GANJU


WRIT PETITION NO. 37573 OF 2025 (GM-CPC)

BETWEEN:

M/S EMINENT MED TOURISM
AND HOSPITALITY PRIVATE LIMITED,
A COMPANY INCORPORATED UNDER THE
COMPANIES ACT,
HAVING ITS OFFICE AT NO. 15,
VARAAHA PRASANNA NILAYA,
BOURDILLON ROAD,
M.M. ROAD, FRAZER TOWN.
BENGALURU-560 005.

REPRESENTED BY
1. MR. ZAHEER PASHA, MANAGING DIRECTOR.
2. MR. SADIQ PASHA, DIRECTOR.
…PETITIONER
(BY SRI. MANJUNATH B S., ADVOCATE)

AND:

1. MR. MOHAMMED SALMAN NAJI
AGED ABOUT 44 YEARS,
S/O. LATE MR.SIRAJUDDIN,

2. MR MOHAMMED NAUMAN NAJI
AGED ABOUT 44 YEARS,
S/O. LATE. MR. SIRAJUDDIN

BOTH RESIDING AT NO. 20,
REST HOUSE ROAD,











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NC: 2026:KHC:11369
WP No. 37573 of 2025

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OFF BRIGADE ROAD,
BENGALURU-560 001.
…RESPONDENTS
(BY SRI. K M JAGANATH., ADVOCATE)

THIS WP IS FILED UNDER ARTICLE 227 OF
CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS
DATED. 18/08/2025 ON IA NO. 1/2024 IN O.S.NO.25356/2024
ON THE FILE OF LVII ACC AND SJ (CCH-58) MAYO HALL,
BANGALORE, PRODUCED AS ANNEXURE-A.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU

ORAL ORDER
1. The present petition seeks to challenge an order
dated 18.08.2025, passed on I.A.No.1/2024 filed under
Section 151 of the Code of Civil Procedure, 1908, in
O.S.No.25356/2024 [hereinafter referred to as the
“Impugned Order”], by the learned LVII Addl.City Civil and
Sessions Judge, Bengaluru, [hereinafter referred to as the
“Trial Court”]. By the Impugned Order, the application
seeking directions for the petitioner/defendant to pay the
damages/agreed rental has been allowed by the Trial
Court.

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2. The brief facts are that, suit for ejectment and
recovery of damages was filed by the
respondents/plaintiffs against the petitioner/defendant.
It was stated in the suit that the respondents are the
owners of commercial premises/space on Level Two
(second floor), in `Palace Square', situated at palace road,
Corporation Ward No.93 (old Ward No.78), Bengaluru.
They let out the premises to the petitioner/defendant by
virtue of a registered Lease Deed dated 03.11.2022, which
was duly registered with the Office of the Sub-Registrar, at
a monthly rental of Rs.2,45,000/- along with GST and CAM
charges of Rs.14,000/-. The rental amount was payable on
th
or before the 10 day of each month.

3. It is the case of the respondents/plaintiffs that the
charges that were to be paid were total of Rs.36,67,440/-
for the period from January 2023 to December 2023.
However, the petitioner/defendant has started defaulting
in this payment right from the beginning of the lease itself.
It is further stated therein that, in view of these defaults,
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the plaintiffs were constrained to send a termination notice
dated 26.12.2023, terminating the lease and calling upon
the petitioner/defendant to hand over vacant physical
possession of the subject premises. Since neither the
amounts were paid nor possession handed over, the
respondents/plaintiffs were constrained to file the present
suit.
4. The suit was contested by the petitioner/defendant
and written statement was filed admitting the execution of
the registered Lease Deed, as well as, admitting to the
rental amount. The written statement also contains the
averments with respect to payments which have been
made intermittently on various dates. The written
statement also admits the receipt of the legal notice as
well. However, the written statement sets out a defence of
lock-in period as per Clause 2.2 and 23.2 of the Lease
Deed.

5. During the pendency of proceedings before the
Court, the respondents/plaintiffs filed an application
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seeking payment of the admitted rate of rental/damages
in a sum of Rs.2,45,000/-. This application was allowed
by the learned Trial Court, which is the subject matter of
the present petition.

6. Although the Lease Deed has not been filed, a hard
copy of the same has been handed across to the Court by
the learned counsel for the respondents/plaintiffs. Clause
4 of the Lease Deed sets out the monthly rental in the
following terms:
" 4. RENT
4.1 The Lessee shall pay to the Lessors a monthly
rental of Rs.2,45,000/- (Rupees Two Lakhs and forty
five thousand only) and Goods and Service Tax
(hereinafter referred to as the "Rent") for the first three
years of the period of lease, the Rent shall commence
from 01.01.2023, (hereinafter referred to as the "Rent
Commencement Date") and thereafter with an
enhancement in the monthly rent by 15% every three
years for the remaining period of six years of the period
of lease. For better clarity the Rent shall be payable in
the manner detailed hereunder:

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4.2. It is agreed that the rent payable for a particular
English Calendar month shall be paid in advance on or
th
before the 10 of each calendar month regularly. The
Lessors shall issue rent receipts to the Lessee
acknowledging the receipt of the rents every month.
Further the monthly rent shall be divided into two parts
and paid to the Lessors. The tenancy is from month to
month.

4.3. The rent payable is subject to deduction of taxes
and/or levies at source. The Lessee shall promptly issue
the Tax Deduction at Source Certificates to the Lessors,
if any tax deduction is done on the monthly rents
payable to the Lessors, as per the provisions of the
Income Tax Act, 1961 within 60 days from the end of
the financial year. In the event of failure on the part of
the Lessee to deposit the TDS amount deducted from
the rent to the credit of the Central Government, the
Lessors shall be entitled to recover the said amount
from the Lessee along with interest @ 18% per annum
for the period in default together with penalty that may
be levied.

4.4. The rents shall be paid by the Lessee either by
way of Demand Draft, Pay Order, Crossed Cheque
payable at Bangalore or by RTGS/NEFT bank transfers.
In the event of any delay in payment of rent, the Lessee
shall be liable to pay the monthly rent together with
interest at the rate of 18% per annum for such delayed
period. The Lessors' bank details are as follows:

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4.5. The Lessee agrees and undertakes to pay Rent
and plus GST to the Lessors every month regularly,
which amount will be deposited/paid by the Lessors to
the Central Government. All payments to be made by
the Lessee shall be subject to statutory deductions, as
applicable during the Lease Term."


7. The execution of the Lease Agreement is not denied
by the petitioner nor is the admitted rental or the receipt
of the legal notice. The petitioner has also not disputed the
fact that the petitioner continues to be in possession of the
premises and that the petitioner does not own these
premises. Given these admitted circumstances, this Court
finds no reason to interfere with the Impugned Order
which has been passed after examining the admitted facts.

dismissed
8. The petition is accordingly .
Digitally signed by
TARA VITASTA GANJU
Location: HIGH
COURT OF KARNTAKA

Sd/-
(TARA VITASTA GANJU)
JUDGE
BK
List No.: 2 Sl No.: 3
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