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2018 Supreme(Kar) 643

H.B.PRABHAKARA SASTRY
K. M. Umapathy Swamy S/o Late Mahanthaiah – Appellant
Versus
K. Ramachandra Setty S/o. A. S. Krishna Setty Since dead by his LRs. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri. A.V. Gangadharappa, Advocate
For the Respondent:Sri. K.N. Rakshit, Advocate for M/s. Nag Associates, Advocate

JUDGMENT :

All these three appeals have been filed by the same appellant who was the plaintiff in O.S.No.28/1999 and O.S.No.178/2000, both filed by him in the Court of Prl.Civil Judge (Jr.Dn.), Arasikere, (henceforth for brevity referred to as “the trial Court”). Both the suits were filed by him for recovery of arrears of rent from the defendant therein, who is the same respondent in all these three appeals, for two different periods. O.S.No.28/1999 was decreed by the trial Court vide its judgment and decree dated 8.6.2001, for a sum of Rs.10,011/, together with interest at the rate of 18% p.a. thereupon payable by the defendant to the plaintiff therein. Aggrieved by the said judgment and decree, the defendant therein preferred an appeal in R.A.No.76/2001 and the plaintiff preferred an appeal in R.A.No.83/2001, in the Court of Civil Judge (Sr.Dn.), Arasikere (henceforth for brevity referred to as `the First Appellate Court). The said Court by its common judgment and decree dated 20.4.2006, partly allowed R.A.No.76/2001, modifying the judgment and decree of the trial Court under appeal, confining it to a sum of Rs.1,340/and dismissed R.A.No.83/2001. Being aggrieved by the said judgme





























































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