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2006 Supreme(Kar) 895

K.SREEDHAR RAO
M/S. WASAVA TYRES A PARTNERSHIP FIRM – Appellant
Versus
PRINTERS (MYSORE) LIMITED – Respondent


( 1 ) ALL these appeals project common question of law and facts, hence heard together for common disposal.

( 2 ) THE respondent/plaintiff filed the suit against the appellant-tenants for possession and seek damages/mesne profits for the period after termination of the tenancy. The plaintiff before filing suit terminated the tenancy by issuing notice U/s. 106 of T. P. Act.

( 3 ) THE Trial Court allowed the suit granted decree directing the tenants to vacate and deliver vacant possession of the tenanted premises. The court also directed payment of damages at the rate varying between Rs. 5/- to Rs. 8/- per square feet payable by each of the tenant for use and occupation of the premises from the date of termination of tenancy. The trial court further granted interest at the rate of 12% on the damages if paid within the certain time and in default to pay enhanced interest at 18%.

( 4 ) THE material facts disclose that the plaintiff/tenant is a private limited company. The provisions of Sec. 43-A (la) are extracted hereunder for convenient reference:

[ (1 A) Without prejudice to the provisions of sub-section ( 1), where the average annual turn over of a private company, whether in ex






















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