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1990 Supreme(Kar) 360

S.MOHAN, SHIVARAJ V.PATIL
REGIONAL PROVIDENT FUND COMMISSIONER – Appellant
Versus
B. HUKMINI K. SHETTY – Respondent


Advocates:
B.MANOHAR, P.V.SHETTY, SHAILENDRA KUMAR

S. MOHAN. J.

( 1 ) THE facts leading to the Writ Appeal are shortly as follows ; premises known as 'hotel Shivaprasad', situated at Kundapur Town, belongs to a partnership firm consisting of the following partners : (1) V. K. Shetty; (2) B. Arunkumar Shetty ; (3) Arithkala S. Shetty ; (4) Vasanthamala R. Shetty ; and (5) Amrithkala S. Shetty. One P. M. Krishna Murthy Bhat was a lessee of this premises who was running a restaurant. O. S. No. 28/1978 was filed before the learned Civil Judge, Udipi, for his eviction. That ended in a decree in favour of the landlord. In execution of that decree in E. C. No. 14/1983 ultimately, possession was delivered to the landlord on 22-4-1983.

( 2 ) THEREAFTER the premises wasleased in favour of Smt. B. Rukmini K. Shetty (respondent herein) under lease deed dated 30-7-1983. She started a restaurant under the same name and style of Hotel Shivaprasad afresh. She obtained loan from the Bank for starting this restaurant with new furniture and utensils. She also obtained a fresh licence from the municipality which is required under the karnataka Municipalities Act for running restaurant. She recruited new employees. It may also 02 added that no one of t


















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