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2009 Supreme(Kar) 241

B.V.NAGARATHNA, K.L.MANJUNATH
A. S. KRISHNA MURTHY – Appellant
Versus
C. N. REVANNA – Respondent


Advocates appeared:
Sri G.S. Visweswara, Senior Counsel for Sri H.M. Muralidhar, Advocate for Appellant in R.F.A. No. 389 of 2007;
Sri Chandan S. Rao, Advocate for Appellant in W.A. No. 740 of 2006;
Sri B.G. Sridharan, Senior Counsel for M/s. Sreeranga Associates, Advocates for Respondents in R. F.A. No. 389 of 2007;
M/s. Sreeranga Associates, Advocates for Respondent-1 in W.A. No. 740 of 2006.

JUDGMENT

Writ Appeal No. 740 of 2006 is filed by plaintiff 2 in O.S. No. 15842 of 1999 challenging the order dated 27-3-2006 made by the learned Single Judge in W.P. No. 26457 of2005.

2. R.F.A. No. 389 of 2007 is filed by the second defendant in O.S. No. 15842 of 1999 by challenging the judgment and decree dated 30-11-2006, passed by the City Civil Court, Mayo Hall Unit, Bangalore.

3. For the sake of convenience the parties shall be referred to in terms of their status before the Trial Court.

4. According to the plaintiffs they are the absolute owners of the suit schedule property comprising of premises bearing No.6, Shivaji Road, Shivaji Nagar, Bangalore-51 and the same was leased out to one Srinivas who was carrying on the business in the name and style of "Elgin Talkies"; that subsequent to the death of Srinivas, his wife the first defendant continued the business as proprietrix on a monthly rent of Rs. 3,000/-, out of which a sum of Rs. 1,125/- was paid to the first plaintiff and sum of Rs. 1,875/- to the second plaintiff respectively. The plaintiffs initially had filed an eviction petition in HRC No. 974 of 1987 on the file of X Additional Small Causes Judge, Bangalore under Secti









































































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