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2000 Supreme(Kar) 706

H.N.TILHARI
Ulavi Basaveshwar Dharma Fund Saunsthe – Appellant
Versus
Ratanbai – Respondent


Advocates:
Advocate Appeared:
Mr. Rajashekar Seeri, Sri Mohan Shanthana Goudar, for the Appellant.
Mr. H. Thipperudrappa, J.S. Shetty, for the Respondent.

ORDER

Hari Nath Tilhari, J.—Heard the learned Counsel for the Petitioners Sri. Rajashekar Seeri.

2. These revision petitions arise from the judgment and order dated 26.7.1997 passed by the II Additional District and Sessions Judge, Dharwad, rejecting the Plaintiff's application for amendment of the plaint sought by incorporating the following as the proposed amendment.

Proposed Amendment-

8. A) Without prejudice to the above contentions, if Court were to please to hold that the then management of the Plaintiff-trust is validly and legally constituted body in that event, the acts of the then body are not valid for the following reasons:-

(a) The Trustees have not obtained prior permission from the Court to create a lease beyond 3 years.

(b) The plots are unreasonable, generally plots were/are made of 2, 3, 4, 5-Gunthas, the present plots created by the then trustees were of 15, 17, 18, and 35 Gunthas.

(c) Fixed rent is payable. There was no provision in the lease-deed to increase the rent even after 5 years.

(d) The lease-deeds have been got executed by everyone of the office bearer, without there being any resolution.

(e) At the end of the period, there is a condition that the lessor shall





















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