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1974 Supreme(Kar) 229

SADANANDASWAMY
TOWN MUN COUNCIL, HARIHAR – Appellant
Versus
MURKAL MAHALINGAPPA – Respondent


Advocates:
B.K.RAMACHANDRA RAO, Kadidal Manjappa

( 1 ) THE appellant is the plaintiff the Town Municipal Council, Harihar. The respondent is the first defendant. The suit was filed for the recovery of Rs. 15,000 from the defendants who were three in number. The case of the plaintiff is that the building known as " Bharat Oil Mills Expeller hall' situated in Harihar Town belonging to the Plaintiff-Municipal Council had beien taken on lease by the first defendant on 22-6-1961 for a period of one year agreeing to pay a rent of Rs. 440 per month for running cinema shows in that building, that defendants 2 and 3 wena the sureties for the due performance of the tierms of the leapa by AIR. 1965 AP. 80. first defendant, that due to the default committed by the 1st defendant in the payment of rents, a deptraint warrant was issued, that the moveable prqperties belonging to the first defendant wexe attached and that they were also sold. A sum of rs. 4963-40 had been paid by the first defendant in instalments towards the arrears of rent. By the sale of the movsable properties a sum of Rs. 2605 had been realised and the same has been adjusted towards the arrears of rent. A sum of Rs. 7568-40 was thus realised towards the arrears of rent upto











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