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1974 Supreme(Kar) 75

GOVINDA BHAT, SRINIVASA IYENGAR
KAGUNANDAN PRASAD GARG – Appellant
Versus
D. SREERAMASETTY – Respondent


Advocates:
B.P.HOLLA, S.GUNDAPPA

GOVINDA BHAT, J.

( 1 ) THESE appeals brought on behalf of the defendant are, directed against the judgment and decrees in OS. Nos. 6 and 7 of 1971 on the file of the Court of the Civil Judge, Civil Stn. , Bangalore, by which the suits of the plaintiffs (respondents herein) for damages for use and occupation, were decreed at Rs. 11,000 per annum. The parties to both appeals are common. In order to appreciate the grounds urged in the appeals, the facts which are not in dispute may be stated in brief.

( 2 ) THE plaintiffs are the owners of a non-residential building situated in chickpet, Bangalore City. The said building was leased to the defendant by the plaintiffs, for a term of ten years with effect from 1-10-1954, under the registered lease deed dt. 20-10-1954. The defendant took the building on lease with the object of carrying on the, business of a lodging house. Under the agreement between the parties, the rent was fixed at Rs. 580 per month after the plaintiffs put up a second floor for the building and gave possession of the same to the defendant.

( 3 ) THE term of the lease as per the registered lease deed expired on 30-9- 1964. The plaintiffs, did not assent to the lessee's










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