High Court Karnataka High Court

The Manager vs Dr Saritha on 2 August, 2010

Karnataka High Court
The Manager vs Dr Saritha on 2 August, 2010
Author: V.Jagannathan
IN THE HIGH COURT OF KARNATAKA AT 

BETWEEN:

1.

Dated: This the 2nd day of August 2010:  ".

BEFORE

THE I-ION'BLE MRJUSTICE V.JAGA1*a'.¥\:I}§gTI:-i4'§;N« _ S  "  

R.S.A.No. 1365/=20; 3

THE MANAGER.     _  
SOUTH KANARA AGRICULTURAL DEVEI,QIf1\-IENT

CO--OPERATIVE  , V " - . 
KUNDAPURA.  " 2   

SOUTH KANARA A.GRIcU'L'rURAL DEVELOPMENT

CO~OPERATIVE :3OCIE§IY.4LIM:}-TED;

REP BYi1TS1:SSEcR3a'.1:ARY AND 'CHIEF EXECUTIVE,

SCDCC II3AN.K';--;3U1-LmN_G,'-~  '
 " '*<;;._ ,  R ' ...APPELLANTS

[By Si; K  ADV.)

E S

 ---- 

AGED 33 YEARS.

.- ‘V ‘AIJIR
“~AGEDjYEARS.

:)R.A1§Av1ND SHE’I”TY,

AGED 58 YEARS.

H = ._ “S/0 DR A V SHETTY.

‘KADRI KAMBALA ROAD,

MANGALORE-575 O04». DK.

RESPONDENTS

(By Sn’ KANANDA SHE! KY, ADV. FOR R1 TO R3.)

20

THIS RSA FILED U/S 100 or’ cpc, AoAINs15.._T1eIE

JUDGEMENT AND DEGREE DATED 08.04.20
IN R.A.NO.59/2007 ON THE FILE OF ‘
OFFICER, FAST TRACK coom, V
DIsIvIIssINo THE APPEAL AIID
JUDGEMENT AND DEGREE PASSEDEIF 1I–I’E_1.1tIéI:z;Nc’II?§AI;’ ”

CIVIL JUDGE (JR.DIx%;;–:,._ KUN{)A§5′.UI{A,”‘–w~ IN
o.s.No.2o2/2005D’I’26.o6.2oo.7t.’

THIS APPEAL coémey c:éI’\Ij ..ADIyIIssIoN THIS
BAY, THE COURT DELIVERED.:*:;IE”Fo’LL;owINo:

the appellants in
respect of by the defendants

questioningll the ~__conc’I;I.lt’rent findings of the courts

V 2 …..

suit was filed by the respondents-

plaintifis delivery of vacant possession and the

said suit was decreed by giving two months time to

the “appellants from the date of the trial court

l judgment to hand over vacant possession. The lower

appellate court confirmed the trial court judgment by

l

/7

F

dismissing the appeal preferred by the appellants

herein.

3. Learned counsel K. it ‘* it

Ariga for the appellants 3 th.a.t~,.’ both’

courts have concurred Vonagpfacts-,. fithips
consider the grounds andfilhaving
regard to the above have carefully
gone through the below and I
find that recgordeldlllpositive findings
in the termination of
tenanfiy r “the defendants due in
payment” months of October and

Novie-rnber 20t}’5~ andrecordirig the affirmative findings

‘ on .1 and 2, the trial court considered the

evidenceléliy-of parties as well as the documents

producerdhby the plaintiffs.

4. The defendants also does not deny the

-~-factum of the lease having been entered into by

Amanda Shetty and taking note of the absence of

<3'

specific pleading in the written statement by.-.__the

defendants denying the tenancy relationshipmwfitiilathe.

plaintiffs, the trial court ultimately decreeditllheisitiiltllof H

the plaintiffs. It also directedgthle"a.pp.e11afil;$«.toV'p:ayH"'.

future profits at Rs.3,OO0/5 periémonth

of the suit till the delivery.
possession and to 'rnonths i.e.
October and November theilof Rs. 1,500/-
per month. agreed with
the trial of the matter and
took which was put at

Rs. 3 , /'*– " ' «

V "t;he___light of the evidence on record and

' recorded by the courts below, I do not

'see*a1'1Vyl of finding recorded, for this court

to ilnterafere in this second appeal. The only question

A requires to be considered is as to the grant of

l lgiine to the appellants.

%

.r

6. Learned counsel Sri. K. Chandrazqath

Ariga for the appellants sought for one year

months time to vacate the suit premises ‘

ground that the suit was filed in the .yea_r

7. Taking note of the above ‘s11bmis’sioVn, I

of the View that the appelletiits one
year three znonthlsA*~…_/.:t’i{ne:p date H of this
judgment to Vacete possession
to the Vétlso to comply with
the the trial court with
regard to payrnent, of. znesne profits.
The appellant shall above efl°ect

within two weeks,

Appeali disposed of in the
abottelvterrns. A T

Sd/-‘
JUDGE

4/ t or