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2009 Supreme(Kar) 154

MANJULA CHELLUR, K.N.KESHAVANARAYANA
A. Ravishankar Shetty S/o A. Balakrishna Shetty – Appellant
Versus
P. S. Suresh Chadaga S/o Late P. V. Subbarao – Respondent


Advocates appeared:
For the Appellants:A.C. Chethan & Prasad Hegde K, Advocates.
For the Respondents:R1 & R2, Shankarlingappa Nagaraj & K. Lalitha, R3, Girish S. Hegde, Advocates.

Judgment :-

K.N. Keshavanarayana, J.

This appeal filed under Section 96 of CPC is directed against the Judgment and Decree dated 6.9.2007 passed by the XV Additional City Civil & Sessions Judge, Bangalore in O.S.No.8298/2001 decreeing the said suit filed by the respondents No.1 and 2 herein and directing the appellants No.1 and 2 to vacate and deliver the vacant possession of the suit schedule premises to the plaintiffs and also directing the defendants to jointly and severally to pay a sum of Rs.4,50,000/-towards the arrears of rent and to pay the damages at the rate of Rs.25,000/-p.m. from the date of the suit till delivery of the vacant possession of schedule premises, to the plaintiffs.

2. The respondents No.1 and 2 herein are the plaintiffs No.1 and 2, while appellants No.1 and 2 are the defendants No.1 and 2 in the Court below. Respondent No.3-P. Jagadish Chadaga, the brother of plaintiffs No.1 and 2 was subsequently impleaded as defendant No.3. The parties herein are referred hereinafter with reference to their ranking in the Court below.

3. The plaintiffs No.1 and 2 filed the aforesaid suit in the Court below seeking Judgment and Decree against the Defendants No.1 and 2 dire











































































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