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1983 Supreme(Kar) 227

M.N.VENKATACHALIAH, D.R.VITHAL RAO
M/S. SUDARSAN TRADING CO. LTD – Appellant
Versus
L. D SOUZA – Respondent


Advocates:
S.A.HAKEEM, S.G.SUNDARA SWAMY

VENKATACHALIAH, J.

( 1 ) APPELLANT, M/s Sudarshan Trading company Limited, is aggrieved by the judgment and decree dt. 19. 4. 1963 made in O. S. No. 3091 of 1980, on the file of the 10th Addl. , City Civil Judge, bangalore, decreeing the respondent-plaintiff's suit for ejectment and granting an order for possession. This appeal is in the list of admission cases. It is admitted and with the consent of learned Counsel on both sides taken up for final hearing, and disposed of by this judgment.

( 2 ) RESPONDENT, Mrs. L. D'souza, is the owner of premises No. 11, C. J. D'souza Road, Civil Station, Bangalore and appellant is the tenant. Letting is for non-residential purposes. On 26. 12. 1974, after an earlier lease for 3 years had come to an end, a fresh lease deed dt. 26. 12. 1974, Ext. P. 1, was entered into between the parties. The term mentioned in Ext. P. 1 was three years from 1. 8. 1974. Rent was Rs. 2,300 per month. The period of 3 years under Ext. P. 1 having run-out, Respondent issued notice Ext. P. 2 dated 7/10/1977 telling, appellant that she did not desire to renew the lease and that the tenancy stood terminated and called upon the appellant to quit and deliver vacant posses
























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