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1987 Supreme(Kar) 11

MURALIDHARA RAO
VASANTH GURURAO DESAI – Appellant
Versus
NABHIRAJ PADMAPPA KUNDER – Respondent


Advocates:
B.M.KRISHNA BHAT, Jayaprakash Babu

MURLIDHER RAO, J.

( 1 ) THOUGH this matter is listed for orders today, I have heard learned advocates for final disposal.

( 2 ) THIS petition is filed by the owners who have obtained an eviction decree in H R. C. No. 185/1972. Petitioners are brothers. In the said proceedings, parties entered into a compromise on 16-7-1975, and in terms of the said compromise, a decree was passed. Thereafter, the tenant filed civil suit and obtained temporary injunction restraining the owners from obtaining possession. On 25-11-1977, after the injunction was dissolved, the landlords executed the decree and obtained possession on 27-11 -1977. The tenant- petitioner has filed this petition on 25-11-1978, complaining that the landlords after obtaining possession have failed to occupy the premises and therefore he may be permitted to re-enter the permises under Sec. 25 of the Rent control Act. The case of the landlords was that they have been in possession of the premises and one of their friends is residing there. The court appointed a commissioner who inspected the spot and found that opponent-4 was occupying the premises. When enquired, opponent-4 admitted that he was a friend of the landlords who h








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