High Court Karnataka High Court

M L Murthy vs G S Padmanabha on 26 November, 2008

Karnataka High Court
M L Murthy vs G S Padmanabha on 26 November, 2008
Author: Ajit J Gunjal
IN THE HIGH comm' ow KARNATAKA, 
DATED THIS THE 1411! DAY 01-' NDVEATDDR; £2607 
uuvo«w         
THE HON'BLE MR,    A  D
R.S.A. Nd.-§'65s OFQQGT  
S1NCl:;_jD!::(3b;ASEi): 3Y*~L.1(3kiil$.i£:AMAGALUR

%% A A4   sr;aT?NAoAMANJULA

 'W;-0 T s RAG!-IAVENDRA
A 'AGED 32 YEARS
BALAHERADWANE
1:! 11 ROAD
TIPTUR

[By sn A R DESAI. ADV. )
AND:



1 A G s PADMANABHA
s/o LATE SIDDARAJU G
AGED 59 YEARS
R/0 M G ROAD
CHIKKAMAGALUR cm;  

2 G s NIRMAL KUMAR .
s/0 LATE IDDARAJU
AGED 54 YEARS  "
R/O M G ROAD  k

 

%      RESPONDENTS.
(By an   SHELGAR. ADV. )

THGRRREAGRDMLEDDTwe;100 OF cpc AGAINST THE
JLIDGEMEMR G DEGREE  20.8.07 PASSED IN
R..A;NOAG.DV"i:'56/:65 'QB-Y  CIVIL JUDGE (SD),
CHIKMAGF?;LEJ_R,H  THE APPEAL AND
001*!FIRM'ING'A."'THE  AND DEGREE DTD
28.3.05 - PASBEDEN 03 59/03 BY THE PRINCIPAL,
own. JUDGE; (.:R;DN), CHIKKAMAGALUR. DECREEING

 sUrr"EoR RECOVERY OF POSSESSION.

%RTHI«*s SECOND APPEAL COMING on FOR

   E T_fiDMlSSIQN.. THIS DAY, THE OOURT MADE THE
R . " FOLLGWL-ma:

JUDGMENT

This is defendant’s appeal. Plaintifis respondents’

suit for ejectment has been deemed by both the courts

below.

fly

2. During the course of this judglraerlt…
would be referred to with reference to

trial court.

3. Facts leading to of” can

summarised asfollofiys: ,
The plainuira possession in
respect of The case or the
was a tenant in

property. The rate of
rent was Rs. The plaintiflil need the suit
honaiide use and occupation. Hence,

2 * . issued on 30.12.2002 calling upon

vacate the said premises. That was not

done. the said suit is filed.

K _ The defendant has contested the proceedings by
the written statement admitting that he is a tenant

under the plaintiifs on a monthly rent of Rs. 300/-; but
the other allegations am denied. It is the case of the

defendant that the father of the plaintflfs was the
advance amount of Rs. 30,000/- to one H T But

however the father of the ptainette to

Therefore, the father of the J

32,000/- ae advance let”the
premises to the rent of Rs.
200/-. Hence, he wound plaintifle me not

entitled for I

5. trial, the eeeond plaintuf
A ” and the son of the onginnl’
defendé’ntV_’wae~. as DW.1. Exs.P.1 to PA were

on the pmtntme and Exs.D. 1 0.226 were

% of the defendant. The learned trial

” consideration of the evidence has recorded a

A Tfixidjngthatthe termination notice is properand ithas

sewed on the original defendant. Consequently,

idecreedthcsuitwhichwasconflrmedbythelower

appellate court. . %
.—~~-:*T'”7

6. Mr. A.R. Desai, learned counsel

defednants (L.Rs of the original

the defendants have been AV

suit schedule property 432 He
that the notice is _ V V. H V

7. I have deaees of both

3. A clearly disclose that the
tenninatjon ‘issued tmder section 106 of the
T._11Aet been served on the original

I am of the View that no

A” of law arises for consideration in this

stands dismissed.

Stil-

Judge

AJGJ:

26- 1 1-200?

A perusal of the [wane

when the appeal was
counsel appealing.’ for was
absent The to be listed on
19.11.2oo7.t:3ut, for the caveatm’-
was directed to
be the oounsel for the
__not pmesent. Appeal of the
sins dismissed. On the question of
~Me.«A.R. Desai, learned counsel appearing

‘ ;V”t’:csrAt.”1:t_f=’ui.;’IPt§eLl..lant-texaant submits that the appeflnnt has

on business in the suit schedule pmemises

2. Having remrd to the fact that the appellant requixes

sometimetofineanaltemateaooommodatziomldeemit
proper to extend the time till the end of November 2008,

-e*””_–;–.:’

subject to the appellant filing an undcrlnlmgf of an
affidavit within four weeks,

conditions:

1) The apwmntfiafmt lnsn
party mm the

2) He shall go rent towards the
use and bf premises;

3) to file

4) He .:_::”‘exten_.’ t sion of time.

sd/-1,
Iudge