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2013 Supreme(Kar) 65

JAWAD RAHIM
Kothari Inter Group Ltd. , Bangalore – Appellant
Versus
Vinayaka Enterprises, Bangalore – Respondent


Advocates appeared:
Sri Sunil S. Rao for Sri S.R. Raviprakash, for Appellant;
Sri M.S. Raghavendra Prasad, for Respondent

JUDGMENT

Jawad Rahim, J.

This is a defendant's appeal against the order of eviction in as No. 1879/2009, on the file of City Civil Judge, Bangalore.

2. Heard Sri. Sunil S. Rao, learned Counsel for the appellant and learned Counsel Sri. Rajendra Prasad for the respondent/plaintiff Perused the records in supplementation thereto.

3. From what the learned Counsel on both sides have adverted to and also manifest from the records, the factual matrix is:

a) The respondent filed a suit against appellant seeking judgment and decree to eject him and also for a judgment and decree in a sum of Rs.1,44,000/- to be recovered from him with interest at 21 % per annum being the arrears of rent and also for damages of Rs.50 per sq.ft. per calendar month on 1700 sq.ft from 29.1.2009.

b) In support of it, it averred, it is a partnership firm represented by Managing Partner- C.R. Janardhan and S.A. Aswathanarayana Setty, who owned Vinayaka Tower, situated at No.1/1, First Cross, Gandhinagar, Bangalore, which is a multistoried commercial complex. The appellant is one of the tenants, who occupied second floor on monthly rent exclusive of water charges, electricity charges, lift and other maintenance charges.

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