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2019 Supreme(Kar) 399

SREENIVAS HARISH KUMAR
Dg Ramusa – Appellant
Versus
K. V. Marutisa – Respondent


Advocates Appeared:
Mohamed Nasiruddin, Adv., Y.S. Shivaprasad, Adv.

JUDGMENT :

Sreenivas Harish Kumar, J.

The III Additional City Civil Judge, Bengaluru (CCH no. 25) by his judgment dated 29.7.2006 in O.S.1239/2005 held that the plaintiff in the said suit was entitled to recover possession of the plaint schedule property from the defendant who was given six months time to vacate the premises. Aggrieved by this judgment, the defendant has preferred this appeal.

Briefly stated the facts are as follows:-

2. The plaintiff claiming to be the landlord of property bearing no. 1, 1st Floor, 2nd Cross, A.M. Lane, B.V.K. Iyengar Road, Bengaluru, measuring East to West 20 feet and North to South 17 feet (for short referred to as 'plaint schedule property') instituted the suit for evicting the defendant. The plaintiff stated that the defendant occupied the plaint schedule property as a tenant on initial rent of Rs.2,800/-. The rent was enhanced periodically and Rs.3,000/- rent was being paid by the defendant at the time of institution of the suit. He stated further that the defendant became irregular in paying the rent. In spite of repetitive demands, the defendant did not pay the rent and therefore got issued a legal notice to the defendant and demanded of him to



















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