Sri Dhanna Singh vs Sri M Maruthi on 16 January, 2009

_ TDasaLg*4a;1aIiL.Bax1gaia:>r§;"S60 O57 Respondent
   1, A§:§.§

  judgnf-3;! and  dated 14.11.2908 in OS 8490:9005 by the X11 Add].
" T  'City Civil .J1idgc,VBatwlo1e.

  A.  Appeal coming on for Admission this day, the Court
  following:

m Tim men COURT 0}? KARNATAKA AT BANGALQRS: '_ '    "

Dateéthisthe 16"'aay uflfanuary, 2909   

Befom
ms H0m31,£ MR JUSTICE HULi5VA }3_}fz 'G ffififivil '  

Sxi Dhanna Singh, 55 yrs  VA --_
Sic late Govinda Singit, Proprietor _T ' ' '
M!sR£2InDe:v33anks, # 15011 '

Athaulla Building, T 

Bangaiore 

(By Sn'    

And:

Sri M Maxutiti. 8:9 13:":  .. X E' 
47 yrs, Rfa # 493, Marufivi Nflaya  
Bhubaneshwari Nfiélfif; Hesargiaatm; Main Road

. "   '3 filed under S96, CPC praying to set aside the

JUDGMENT

Appeal is by the dfiendant wainst flu: judgment and decree passed by

the Add}. City Civil Judge, Bangalore in as 8490/2095.

2

A suit for ejcetxnent was flied afier due service of notice terminating

the tenancy. The appellant/defendant is enjoying the suit propexijzies a

tenant since more than 30 years. Plaintiff is said to be

purchaser of the property. The trial court tlxe

profits/rentals at the rate of Rs. 1’2eo/- péfiiiragatlx ;$e}’at:1e 1§;1e;v2ed5 to * %’

3.11.2605. However, according to theVAa;1;eei1ani”..sLA is
being ordered to determine and a common
order has been passed figjng ‘eft2;.§ later, conceded
that the entire at has been deposited
towards arrears of tits appellmt, he was paying
Rs.630;’~ was due from June 2093 to
September m,t fc::rV28′ fir directed that the plaintifi’ was entitled

ta reeeveapan erneiit1tV_:ef’ It is seen, the appeliant is shown to

‘V Ifiave «de§fiit£:>d».ti1e– V V’ “”” ” ‘ V

A “‘ _ impugned order, Ikio not find any east or iliegality

terminating tenancy by issufmg a notice as required under the

” gfrévisions ref Trmscfer of Property Act. Although summary enquhy has

V’ fixing the rentalldemagcs at Rs.l,26{3f~ per month appears

to in}! on the higher side.

While confirming the judgment and decree passed by the,
another one year time fiem today is ganted to vacate and .

possassien ef the premises subject to the V

undertaking along with an affid.avit to Vt!m.afi é:;’!?£§ct .a1so.Vt:ix’2§;t $531} sjgo on ‘ V
paying the rentals for the mrnaénjng .at”the rate’ ‘of.Rs..1.:40£}!» p.m.
regularly as and when it fa1ls””tii«i::;- sit be paid :0 the

respondent.