Judgment :

Leave granted.

2) Since the issue involved in this appeal lie in a narrow compass, by consent of both the learned counsel, the matter is taken up for final hearing.

3) The appellant is the tenant of a business premises measuring 4000 Sq. fts. situated at No. 1133, HAL 2nd Stage, Corporation Ward No. 74, Bangalore. The appellant is the defendant before the trial court.

4) The respondents herein are the landlords. They have filed a Civil Suit O.S. No. 1894 of 2007 for ejectment of the defendants from the suit schedule premises.

5) After exchange of pleadings, the Suit was posted for evidence of the plaintiffs. The plaintiff (P.W.1) has filed his affidavit by way of his evidence. On the request made by learned counsel for the defendant, the matter had been adjourned twice for cross examination of plaintiff (P.W.1) and finally, it was posted on 28.2.2008. Since the learned counsel for the defendant was not present before the court, when the matter was called out, the learned trial Judge has closed the evidence of the plaintiff and has posted the matter for the evidence of the defendants, if any.

6) Subsequently, the defendants have filed application (I.A.No.2) for recalling t