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2005 Supreme(Kar) 794

S.R.NAYAK, ANAND BYRAREDDY
Amar Promoters – Appellant
Versus
J. S. A. Gajendra Reddy – Respondent


Advocates:
Advocate Appeared:
Mr. S. Vijaynsliankar, G.R. Mohan, for the Appellant
Mr. U.L. Bhat, D.R. Basavarajappa, for the Respondent

JUDGMENT

Anand Byrareddy, J.—This appeal by the contesting defendants 6 and 7 is preferred against the judgment and decree directing delivery of vacant possession of the plaint schedule property to the plaintiff and further directing an enquiry for mesne profits from date of suit till date of delivery of possession and subject to such determination, the defendants to pay a sum of Rs. 6,250/-per month.

2. The facts of the case are as follows.--

Respondent 1, the plaintiff before the Trial Court, is the owner of land at No. 1 (Old No. 34), I Cross, Gandhinagar, Bangalore, which is described under the schedule to the plaint, measuring approximately about 10,000 sq. ft. The same was conveyed under a registered lease deed dated 29-12-1983 in favour of M/s. Srinivasa Trust, defendant 1 in the suit, a private Trust. The broad terms of the lease deed, inter alia were as follows.--

(a) The term of lease was 40 years, commencing from the date of deed;

(b) The lessee was to construct, as its cost, a multi-storied non-residential commercial building within a period of three years, failing which, the lessor was entitled to determine the lease under a six months notice and regain possession of the pr




































































































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