(This RSA is filed under Section 100 of CPC against the judgment and decree dated 7.6.2003 passed in RA No.155/1998 on the file of the Principal Civil Judge (Sr.Dn.,) Mysore, dismissing the appeal and confirming the judgment and decree dated 24.2.1998 passed in O.S.No.384/96 on the file of the II Additional First Civil Judge (Jr.Dn.,), Mysore.)

This appeal is by defendant, questioning the decree passed by the Trial Court and affirmed by the First Appellate Court, directing to vacate and hand over possession of suit schedule premises and to pay damages to the plaintiff.

2. Facts which have given rise to this appeal, in a nutshell are:

Respondent/plaintiff is a registered wakf. It owns a building complex at Ashoka Road, Mysore, consisting of shops, office accommodation, etc. It has leased shop Nos.1 and 2 therein, on monthly rent of Rs.75/- each, to appellant/defendant. Plaintiff had filed an eviction petition under Section 21(1)(a) & (h) of Karnataka Rent Control Act, 1961, against the defendant, which was disposed by holding that, the provisions of the said Act are not applicable to the petition schedule premises. Thereafter, terminating the tenancy of defendant, suit wa