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1978 Supreme(Kar) 77

VENKATACHALAIAH
RATNAKAR RAMARAO – Appellant
Versus
ABDUL KARIM JAILANISAHEB – Respondent


Advocates:
J.S.GUNJAL, W.K.JOSHI

( 1 ) THIS is defendant's second appeal against the judgment and decree dated 15-1-1973 of the Court of the II Addl Civil Judge, Belgaum, in ra. 511 of 1967, affirming the judgment and decree dated 5-10-1967 of the court of the Munsiff, Belgaum, in ROS. 365 of 1966, which was a suit filed by the plaintiff for permanent injunction restraining the defendant from interfering with his possession and enjoyment as tenant of the shop in Block 4, CTS. 2041, in Vijaya Building, Ganapath Galli Blegaum, belonging to the defendant. The shop in Block 4 in Vijaya Building, Ganapath Galli, belongs to the defendant. The said shop was admittedly occupied by one Killedar prior to its occupation by the plaintiff. Under a document styled as "leave and Licence Agreement' entered into between the plaintiff and the defendant on 5-12-63, the plaintiff set up his business in the shop as a t. ader in steel trunks, bags and stationery articles. The period during which he could continue that business in the said shop was stipulated as 11 months. The compensation payable every month for use of that premises by the plaintiff was fixed at Rs. 125. On the expiry of the period Of 11 months fixed in the agreement,










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